Is Arrington on the record stating that they did not pay?
Even if, they still profited tremendously from the traffic, so the point still stands. You either are ok with black hat hacks or you're not, you can't be fine with it when it is other people and press charges when it's you.
edit:
If've found this response:
http://techcrunch.com/2009/07/15/our-reaction-to-your-reacti...
There is lots of handwaving there, but the issue of whether or not money changed hands is not mentioned at all, and it would have been a pretty strong point in their defense if it hadn't. The only words he uses is 'But if it lands in our inbox, we consider it fair game.", which suggests nothing preceded that, but that's speculative.