The ESRB has a retort to the criticism
leveled against it after rating Elder Scrolls IV: Oblivion Mature. The move has required Bethesda Softworks to pull all of the current stock of the game to relabel. From the GameDailyBiz article: "When we brought the topless female images to Bethesda Softworks' attention, they confirmed that the art file existed in a fully rendered form in the code on the game disc. The ESRB's investigation found that the mod allowed users to change the filename for the female character mesh in order to access the art file that was created by Bethesda. While true that a modification was required to access this file, the changes we implemented last year - expanding our disclosure rules to include locked-out content - were made to prevent these kinds of situations"
Via Cathode Tan
, who has his own commentary, an opinion piece by John Romero
has yet another view of the complicated situation.