While the ESRB is blaming the developer of the game, Bethesda Softworks, which failed at showing the ratings board the worst the game had to offer when being initially rated, and for failing to disclose the existence of the topless mod, Take-Two's name will surely be dragged through the mud, too, as 2KGames, a subsidiary of Take-Two, is the game's publisher. Also, Take-Two, best know for its Grand Theft Auto series, is no stranger to mud dragging.
Take-Two found itself in a similar situation last summer, when the ESRB slapped Grand Theft Auto: San Andreas with an AO (Adult Only) rating after discovering the now infamous "Hot Coffee" mod, which unlocked "pornographic" scenes in the game.
The new rating for The Elder Scrolls IV: Oblivion will go into effect immediately, as retailers are now being told to stick "M" stickers on any unsold copies of the game. Unlike the GTA: SA rating, which was reverted back to "M" once new versions were sent out (minus the "Hot Coffee" code), the Oblivion rating will stick. However, even with the "M" rating, Bethesda has promised to release a patch which will make the pixelated booby skin inaccessible, even to those who have already downloaded it.