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We haven't received any complaints on the issue from anyone.' ESRB re-review and rating change Дuring these investigations ESRB staff also found more blood and gore than the review tape had portrayed:

'We can't control and don't condone the actions of anyone who alters the game so that it displays material that may be considered offensive.

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Pete Hines had discussed the mod with GameSpot staff before the game was re-rated, saying that he did not consider it a concern. Without nudity of the lower torso, and without self-consciousness on the part of the nude NPCs, Zenke wrote, the Oblivion Topless Mod was 'as erotic as a doctor's visit'.

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Early success: topless mod FTW!' Kotaku, another gaming site, reporting on the mod on April 5, 2006, did not consider the mod anything new and said, 'As usual in the world of computer gaming, one of the first mods released for a popular game allows you to see the breasts of the main character.' The content of the mod, wrote commentator Michael Zenke, Editor of Slashdot games, was fairly tame.

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Maeyanie created the mod in protest against what she called 'government/society/whatever forcing companies to 'protect our innocent population from seeing those evil dirty things 50% of them possess personally anyways'.' The gaming website Joystiq reported on the mod on April 6, 2006: 'Modders are already hard at work on bending the code of the recently released PC version of Elder Scrolls IV: Oblivion to their will. Released in March 2006 and reported on game news sites as a curiosity in April of the same year, the Oblivion Topless Mod had been created by a woman calling herself 'Maeyanie'. If locked-out content was 'pertinent to a rating', ESRB policy stated that it needed to be disclosed, and Bethesda had not done so. Publishers were told that they could not leave unfinished or other pertinent content on a disc. ESRB policy had been 'absolutely clear' since the Hot Coffee controversy, Patricia Vance told a reporter.

The fact that the content of Oblivion under investigation was inaccessible during normal play made no difference in the decision. As ESRB President Patricia Vance explains it, the ESRB would not just want a 'tape of one extreme cut to another', but rather 'context for the storyline, the missions, the features and functionality of a game, so that the raters really can get exposed to a pretty reasonable sense of what they'd experience playing the game'. That is to say, it must depict the 'relative frequency' of said content. The ESRB's review process involves the submission, by the game's publisher, of a video which captures all 'pertinent content' in the game, where pertinent content is defined as any content that accurately reflects both the 'most extreme content of the final product' and 'the final product as a whole'.

2.3 Rating agency response outside the United StatesД«ackground ESRB review process.

Other commentators remarked on the injustice of punishing a company for the actions of its clients, and one called the event a 'pseudo-sequel' to the Hot Coffee minigame controversy. Although certain retailers began to check for ID before selling Oblivion as a result of the change, and the change elicited criticism for the ESRB, the events passed by with little notice from the public at large. Bethesda complied with the request, but issued a press release declaring their disagreement with the ESRB's rationale.

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The ESRB reported that Bethesda Softworks, the game's developer, would promptly notify all retailers of the change, issue stickers for retailers and distributors to affix on the product, display the new rating in all following product shipments and marketing, and create a downloadable patch rendering the topless skin inaccessible. In response to the new content, the ESRB conducted a new review of Oblivion, showing to its reviewers the content originally submitted by the game's publisher along with the newly disclosed content. The sexually explicit content was an art file, made accessible by a third-party modification called the Oblivion Topless Mod, that rendered the game with topless female characters.

This included detailed depictions of blood and gore and sexually explicit content. The ESRB cited the presence of content not considered in their original review in the published edition of Oblivion.

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In May 2006, the North American Entertainment Software Rating Board (ESRB) changed the rating of The Elder Scrolls IV: Oblivion, a video game for PCs, the Xbox 360, and eventually (after the change took place) the PlayStation 3, from 'Teen' (13+) to 'Mature' (17+). A corpse, identified by Patricia Vance as being 'a very different depiction, far more intense, far more extreme than what had been disclosed to us.'

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