The pertinent content causing the change in the ESRB rating involves more detailed depictions of blood and gore than were considered in the original rating of the game (the game already carried a Blood and Gore content descriptor), as well as the presence in the PC version of the game of a locked-out art file that, if accessed by using an apparently unauthorized third party tool, allows the user to play the game with topless versions of female characters. The locked-out topless skin was found by ESRB to exist in a fully rendered form on the game disc, but is not accessible in the Xbox 360 version of the game.

Bethesda will promptly implement the ratings change that the ESRB has ordered for Oblivion. We will not contest the ESRB’s decision to re-rate the game as Mature, nor will we change the game's content to keep a Teen rating. We believe that this critically acclaimed game is not typical of Mature rated titles, and does not present the central themes of violence that are common to those products.

Bethesda will work with its co-publisher to place new “M” rating stickers on Oblivion packaging now at retail and in warehouses, and will reflect the change in rating on newly manufactured product. No product recall is being directed.

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 confirmed 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 Softworks.

Bethesda is fully aware that the content in question, both the more extreme depictions of blood and gore as well as the locked-out content, should have been disclosed to ESRB, which is part of why they have wisely chosen not to contest the rating change. Though they may believe their submission was ‘full, accurate and comprehensive,’ our investigation proved otherwise, forcing us to correct what was found to be an inaccurate rating.