And in the "What the Fu...." department:

[Occulus]

Breaking: ESRB Pulls, Re-Rates Oblivion To Mature

In a major announcement, the Entertainment Software Rating Board (ESRB) has changed the rating assigned to the game The Elder Scrolls IV: Oblivion from T (Teen 13+) to M (Mature 17+), following the revelation of a topless game skin contained within the game.

According to the ESRB itself: "The content causing the ESRB to change the rating involves more detailed depictions of blood and gore than were considered in the original rating, as well as the presence of a locked-out art file or “skin” that, if accessed through a thirdparty modification to the PC version of the game, allows the user to play with topless versions of female characters."

The statement continued: "In line with its mission to inform consumers about the age-suitability and content of computer and video games, this ESRB Parent Advisory has been issued to ensure that parents who have purchased this game are immediately notified of the rating change. Parents should also know that a patch for the PC version of the game that disables access to the file with the topless skin will be made available shortly."

more...

http://www.gamasutra.com/php-bin/news_index.php?story=9159

I'll quote someone from this thread:

Magus`
¬¬

Joined: Oct 26, 2004

New postPosted: Yesterday - 09:18 pm
»» Re: Oblivion Hot Coffee? Rerated to Mature. Back to top
Oh for the love of christ.

Reddened for truth.

[ContraBass Black]

1. Software developers are becoming liable for third-party tampering.

I don't like it.

[Occulus]

2. Neither do I, and I tried and tried to make that point when the

Hot Coffee debacle was... well, hot.

Personally, I think the publishers should simply adopt the ESRB system, and not wait for the rating. After all, the letter put down by the ESRB isn't patented OR copyrighted... only the style. You can't copyright a letter of the alphabet. It's a letter.

Screw the ESRB, AND the MPAA while we're at it. These systems are (or were, or have been) voluntary for a long, long time. Allowing the publisher to put a simple 'E' or 'M' on the packaging- in a completely different style, but say, standardize the location on the packaging itself- would enable them to state to the customer directly, "This is our target audience. If you're a 12-year-old playing Oblivion, you're NOT our intended audience."

This is simple, and should already have been done and old news.

THAT SAID:

I really think Oblivion should have been rated "M" right out of the gate, not for some incidental nudity (which by all rights given the world this is set in should occur more often than it does), but for:

dismembered heads
'accurate' zombies (they're anatomically correct, inasmuch as can be seen, like bare sections of bone in the arms and such)
creepiest dungeons ever, that really get one's adrenaline flowing, which may be bad for a kid if there's no way to expend it physically (kids' bodies and brains are still developing ever so much)
hellish imagry
adult themes

I could go on.

The good news is, my teen-rated collectors' edition just got a bit more valuable. :)

[ContraBass Black]

3. How can we convey this to people who don't make or use software?

I'm sure not everyone else has their fingers in their ears. When debating the issue we should probably liken it to tampering with other products.

[Idylle Moon Dancer]

4. I think the question that needs to be asked is

Is this an easter egg that players would be able to discover or unlock during normal gameplay or is it something the developers were goofing around with and never intended for to be available in the release?

[ContraBass Black]

6. In both this and the "Hot Coffee" case, it is not part of gameplay.

The programs must be modifed to make the content available.

[NewHampshireDem]

8. My guess at the logical reason for it being there

All characters in the game are, essentially, paper dolls. They are 'dressed' in their clothes or armor, and when you kill them, you can loot their clothes or armor.

Here's a post I found that does a pretty good job of explaining the situation, with images included: (minor NSFW, if you work with Puritains ... literally.)

http://elliottback.com/wp/archives/2006/05/04/oblivion-nude-elder-scrolls-goes-mature-m/

[Guy Fawkes]

5. Funny thing is...

the official boards where talking about this happening after the game came out. People were pleading with modders not to make a topless mod- but those who wanted one claimed that it wouldn't raise the ESRB rating.

[Occulus]

7. That's not what happened, as I understand it

The skin was on the DVD as it was shipped, but unused. Someone, browsing the assets with the editor that came with the game, found it and used it.

If it had been someone making their own skin, this would not have happened.