Romero fears that developers will be forced to employ greater encryption methods to avoid re-rating incidents that hurt sales and reputations. In turn, greater security will close the door on open source game modding. Ongoing, public projects like CounterStrike will become history lessons. Seemingly harmless mods will become major lawsuits. Is the industry headed for dark days?

2. Huh? It makes no sense. Games are being blamed for modded content that you have to actively seek out and install to get to work. Nobody sues Britney spears for indecent exposure while being teen role model because geeks like to super impose her head on naked ladies, so why should games be responsible for code the games don't contain? This industry is so young in comparison to the others, it's really quite suprising how stupid some of the legislation really is.

Modders arn't to blame at all. Their content isn't changing the rating unless it's actually on the CD itself when you purchase it. It's beyond ridiculous, any type of media can be altered, but only gaming seems to take the rap for it. It really is insane.

4. Am I mistaken, or is re-rating something due to something you have to use a mod to see pretty much the same as re-rating a movie because someone splices some porn into it and distributes it around the internet?

5. What I don't understand is the the Xbox360 version got re-rated as well. Is it even possible to use the nudie mod on that version? Or is it all the other gory stuff that made it get re-rated? Or is it just that the ESRB is absolutly worthless?

9. One more thing, to the parents: Moms, Dads, trust me on this, little johhny isn't going to go to all this trouble just to see some polygon textured breasts. Infact, if your Son is actually bothering to do this, it's likely that he's been looking at Porn for quite some time anyway. You think there arn't easier ways than this to access pornography?

However, they really need to grow a pair and start making public statements in defense of games rather than bowing to the whims of politicians looking to score a few more "morality" votes. It's going to get worse before it gets better.

11. I don't see how it's a modders fault. They left the nudity in the game, only hidden. They could have easily removed those textures and there would be nothing for modders to find.

12. He's just butthurt because no one made any mods for Daikatana. I'm sure if he even tried to give away Daikatana for free no one would take it...unless they're short on coasters.

13. The way the ESRB is thinking, why didn't DOA vollyeball get re-rerated to an Ao rating from the nude patches? The patch had tons of nudity...

It is a total double standard though, since they let much more violence slip into games than nudity, but as soon as there is an inch of nudity, it is a big deal. Sure, put tons of violence in a game so kids grow up to be serial killers, but don't show any sexuality so we sexually repress kids.

Can you please e-mail me at vargasj@washpost.com? I'm a reporter for the Washington Post, and I'm writing about E3 and really want to talk to you.

15. how about the developers not including naked models and sex games?? Romereo is a dipshit, how can anyone who put out Daikatana make comments at others?!

17. in light of everything else (breasts needn't be censored so obsessively, the esrb is just trying to avoid national legislation, john romero is gay, etc.), i'm really kind of frustrated that bethesda let this happen again not even a year down the line from hot coffee. they should have known better.

Has nobody played an online game, hoping for a great game only to be spoiled by some kid with a trainer or hacked game? It's damn annoying. Plus they're playing with copyrighted material. I wouldn't want to buy a reprint of the Mona Lisa only to have her changed into a man. Why would I want that? Unspoilt perfection. Thats what I want.

20. Perhaps we'll see someone pull a Marvel of the 1970's, and reject ESRB submission due to draconian and irrational impositions like this. To be a defending entity of your medium, and to lack this much perspective is astounding. Myopia is apparently contagious.

Obviously this is political, and being devils advocate, I'd rather this happen than see a governmental regulation (which would be unconstitutional anyway, but I digress).

Either way, Romero is being just as naive with his thinking, as evidenced by the pithy comments here, such as the responsibility of porn spliced into a movie. You can't expect modders to just stop modding in nudity, especially when THAT is even ridiculous, with the arbitrarily restrictive puritan beliefs this country has. TITS? My god if thats going to far I'm in the Twilight Zone.

Bottom line, the ESRB is completely misguided, they KNOW better, but are doing this for the wrong reason, and Romero effectively showing solidarity behind this by blaming the modders is suspect and surprising.

21. I had this picture in my mind of John Romero living in a Ferrari-shaped cardboard box, trying to fix Daikatana, oblivious of the world outside.

22. Your comments: #2, People go after the game industry because there is a widespread perception that it perpetuates violence and that gamers are nerds/loners. I would guess that it is not the most mainstream industry -- revenues were $10.5 billion in 2005 (although it is up from 2004's $9.9 billion), so that also makes video games easier to go after.

I feel sorry for ESRB, what we dont relaise is that they have been screwed over by publishers/developers who havent told them information about thier games, and this does not just include GTA. You see behind recent scandals, the people getting lots of blame where games reviewing companies. ESRB is now in a position where they dont want to make anys slip ups, and be basically politically correct, all the time.

24. Romero should be working in a game that do not suck (a thing he haven't done since... well, I don't remember) instead of use modders as a scapegoat for the ESRB stupidity. ESRB clearly re-rated Oblivion as a response for the Hot Coffee fiasco, it's their way to send a message to the uninformed idiots who think "all this videogame stuff is too complicate, all that I know is that my kids can now see TITTIES in a videogame" that they are watching the content of the games.

25. It is worth pointing out that the only games getting ratings changes from mods are ones where the mod merely unlocks content already on the disk (although i'm not sure about the 360 version of oblivion, although I'm willing to chalk that one up to pure idiocy). Leaving explicit content on a disk is sort of like leaving a really complicated easter egg, it is inevitable that someone wiil find it. If industry types are really concerned, they should just make sure that no "extraneous" bits are left in the game when it goes out for release. When the ESRB really starts to change ratings because of purely user created content, then it will be time to worry.

26. Maybe the thing was added to the game so that when you use different types of armor or clothing, it did not look like you had some garments under your chain mail bikini, or a bra on under your tube top, or granny panties on under your cod piece, etc...

27. Should Oblivion been re-rated? Yes, it should of. Simillar to the Hot Coffee incident, Oblivion had the "nudey" textures in place; just covered up by a texture above it.

The ESRB says to submit all content in the game, locked or unlockable. This was a locked feature, much like the Hot Coffee mini-game. The textures were on the disc by default, and not added in by modders.

28. There are some good analogies here about splicing porn into a movie or pasting Brittney's head on a naked picture and redistributing. Right on the money.

The real problem is that too many people are naive to computing. Do you think that most non-geeks know what a "mod" is? Or how you go about getting one? Or who makes them? Nope. To them it might as well be as simple as something in an options menu provided by the developer.

This is similar to "hot coffee" except the content wasn't with the software to begin with. However, as purchased and provided by the publisher, both GTA and Oblivion did not provide access to this "sinful content". Unsupported, third party software is required to make the change. Then the idiots point the fingers.

29. Thats a good point tom hayden. I never thought of that. Why is it that bethesha went to the trouble to even code breasts in the game, it seems kinda pointless if you never intend anyone to see it. Isnt that more time spent, and also knowing that their are people out there who could/will do this, it seems kinda stupid for it to have been done. I guess you have to play it both ways, if you want the media to stop complaining, stop giving them something to complain about.

31. The 360 one is being redone for its violent content not tits. The game is incredibly violent and should be rated M. The problem is parents are so stupid they buy these for there soon to be f*cked up kids and then blame the companies not themselves, when the rating are right on the box. Kids shouldn't be seeing r rated things or playing M rated games, period, sorry kids, play something age appropriate.

32. David (#26) is exactly right. The content was not explicit, it was the obvious workaround to having armor that exposed parts that the bra covers. It was not "hidden sexual content", it was there every time the ESRB played a female character. Just like every single person and barbie doll, the characters are naked under their clothes!

The real points of contention are (A) that unlike barbie dolls, the females in oblivion have nipples, just like the males do (which for the girls, are removed by a patch), and (B) the ESRB policy that it's on disk content and not accessible content that matters is draconian and not entirely compatible with how things work in the real world.

The mitigating factors include that the game was bloody enough to be rated M in the first place. That was probably properly represented by Bethesda and the ESRB fucked up by rating it Teen.

Furthermore, John Romero is an asshat who's proving again that he's entirely out of touch with gamers. He should go work for the RIAA, they'd get along well with their disdain for their most ardent customers.

I agree, all modders/hackers should rot in hell. Let them keep their 'dirty' little secrets to themselves. They or their advocates should not be publicizing their exploits and then manipulat the public into thinking it's 'kewl'. Even if it is 'kewl', the 'kewlness' is coming at a hefty price that we ALL have to pay for in the end.

That's the problem. Those textures were never originally on the CD. They were not found, they were ADDED IN BY MODDERS. You see, when you install a mod, if it uses textures not found on the CD or not already installed, the textures get installed. It's not that Bethesda put nudity into the game, but then removed it and left the textures there. It's that someone decided to mod the game and so CREATED THEIR OWN TEXTURES. It was Grand Theft Auto that had the crap hidden in the code, NOT Oblivion. Learn how things work so you can sound smart.

But then again...it didn't have a bunch of loudmouthed politicians and a mafia-like ESRB who feel the need to grab as many headlines as possible.

This is what I would call the "Rev Al Sharpton" style of publicity... it's purely for the benefit of a few key people who want to get their faces on TV, not really giving a damn about the issue, but completely ready to shout from the rooftops as long as it gains notoriety.

"In the process of trying to create a nude skin for Oblivion, I found Bethesda had already done all the work for me. They just covered it up with underwear afterwards."

38. modders have made Oblivion infinately better than it's original form, increasing texture resolutions, improving water and environmental effects, redesigning the inferior console-like GUI and maps, adjusting player leveling rates to taste, creating new content, etc.

42. Didn't Bethesda already say they didn't give a shit about the rerating, and that the disc wouldn't get a recall? This is more an issue of Romero making asinine comments because I decided I wasn't worthy of being his bitch so many moons ago.

46. John Romero - I've hung out with you dude, you were kind of cool when I met you, Now you are still cool, you just need to re-think before you speak, before you become (un-cool). Your supposed to be a head of industry (I still think you are.. though other people here might not think so). You are supposed to set an example. Even when you speak on behalf of the Game's industry - People listen.

I understand the games industry has matured over the past 25-30 years and things are Uber realistic. I understand that as games approach Movies in looks and perhaps surpass the movies in terms of Profits they are not movies. The ESRB was only developed to suggest - key word is SUGGEST, the appropriate age to sell a game to someone based on its content. Thanks to the ESRB, we have corporation regulating themselves based on what the ESRB says and the ESRB is NOT A LAW, it’s a suggestion. You sell GTA to a 13yr old kid there is nothing LEGALLY WRONG with it. Now I will agree there has to be some common sense on the part of the developer, but Sex and violence in the USA is just out of hand.

Back in 1984 – the PMRC (parent’s music recourse center) went to congress to try to get them to pass a law on all music that was, to them, vulgar or against THEIR IDEAS or proper music content. The artist went all off on the PMRC, the only result was the WARNING – Parental Advisory labels that we see on most Rap and metal CD’s these days. Did you know that those labels are NOT REQUIRED by law? If you opened a inde or personal music label and Recorded yourself or an artist that your label represents that had Vulgar language on it – or a musical message that was against the norm, you are not required by law to have that Label on. You might have a hard time getting a record chain to sell it (Best Buy, Wal-Mart, Tower Records, Circuit City, FYE, ect…) but if you did sell it or find a retailer to carry it and sell it you do not Break any laws.

The ESRB is pretty much the same thing, they evaluate the game and give it a rating, the game company puts it on their box, because if they don’t Gamestop, EB, Best Buy, WALMART, ect… will not carry it and Game company know if they are not sold at Wal-Mart / Best Buy or EB-Gamestop, there is no chance to have a retail success. SO they take the ESRB rating and slap it on their package. The retailers have taken this ESRB rating and took it one step further; putting into their COMPANY POLICY that their employees check the age of the buyer to make sure it complies with the ESRB suggestion. If you don’t check the age and the parent comes back, the employee did not violate a Law, but they did violate company policy and they get fired so the Employees are not being governed by the ESRB or the Law, they are governed by the Company they work for – so now you have 2 tiers of implementation for the ESRB’s Suggestion.

Now the modders, we all know that the EULA or the Copy write in most cases states you cannot modify its content. Well that is true to a sense, if you take a game home and change it’s content to suit your needs and distribute the whole game with content changed you violate the law. If you distribute the Modified content only, as long as it does not have copy written code in it or Trademarked Logo’s and the End-user who is using your mod in their game has to implement it into the code themselves there is no Violation at all. Yes you can argue that the Mod does entice users into breaking the EULA because the modder has given content that would force them to do so to use it. Then again you can argue that regardless of what the EULA says, you own the software and if you wanna screw around with the code yourself and keep it to yourself – who cares. But we all know that this is how some mods start, with people screwing around with what they shouldn’t be screwing around with, but that’s a slightly different argument that can go many ways and I don’t want to bore you all with the moralistic and Legal annals of what that argument entails.

We all know that most companies endorse or look the other ways to many mods pop up in the wild. We see map mods all the time, sometimes we see mods to the entire game that make the game a completely different experience. I have actually seen mods that you have to buy… Yes I know most of these mods are professionally done by content companies that buy a license to the engine they are making a mod for. But there is the rare cases that some super smart Geeky end-user mods an entire game himself and puts it online for download and it becomes haled as a must have mod, and I have yet to see someone charge money for it. Many games give the end-user the ability to Mod or personalize and that’s something that is completely the end-users responsibility. Now while I agree that a game rated (EC) has a editor that will allow the kid to put boobies or profanity in the game, that’s a bit irresponsible on the company’s part. Though most Editors are not simple to use, they require some to a lot of skill on the modders part and usually if they are smart enough to understand what they are doing, they are probably smart enough to understand what they putting into the game as well. Do you really think that an end-user would put boobies or nakedness into a game because he/she knows it will cause some stir in the industry? I don’t think so. I think they do it because they “think it’s cool” or because “hey my friend asked me if I could do that and I wanted to prove I could” or lastly and most legitimately because it adds a level of detail that is realistic to the virtual world they are modding. Nudity is a part of life, and we in America seem way uptight about nakedness, Again though that’s a whole other issue for debate.

Now we have end-users modifying content with Nudity or grotesque images to make the game a bit more MATURE. This is what happened with Oblivion, the game it self is PG13 (Teen rated) By the ESRB. Because these mods have become SO POPULAR that they found their way back to the ESRB they want to change the rating. If I was Bethesda I would tell the ESRB – F$%K you. They did not do this at all. They actually encourage modification as they sell ADD ON PACKS themselves to help the game become more PERSONALISED, or map packs ect… Because some user put tits on a NON HUMAN character the ESRB wants a (M) Ratting? I find that utterly absurd. Now you have Industry greats like John Romero Passing the blame of this onto the Modders. John you know as well as I do if every gamer (especially PC gamer) took the cookie cutter crap that is given to us by publishing houses and we all sat down and played what we bought and just put it away when we finished it the industry would be severely in danger. Modders bring innovation; they give gamers ANOTHER REASON to be interested in the game again or to play it a little longer. It even gives the really smart Modders Practice for enhancing their Development skills as these modders could be the NEXT BIG THING, or develop the next big idea in games.

John, think about it a bit then apologize to the modders of the world, some of them have made your games a bit more fun to play and have given them new life when their life span was far beyond dead. I think it’s an honor as a developer to have your game modded and have that mod give your game new life. It kind of keeps you alive inside in terms of knowing you made something still being used. Seriously how would you feel as a developer if you knew your game had its time and it never was going to come out again for the entertainment of the person that bought it, kind of hurts huh?

You can take this argument on from many angles. I’m going to lay out my opinions and analogies here, while I know some of them at face value might be unrealistic and can have countless WHAT IF scenarios they prove my point that the ERSB is a retarded organization and that what they are doing to Bethesda and the Oblivion title is absurd.

Kid and Father go out and buy a car each, Dad buys a 500hp corvette for $60,000 and the kid buys a $20,000 Honda civic. Kid goes to a speed shop and had $10,000 worth of work done (all street legal) the shop upgrades not only the engine but the safety parts too to handle the extra speed. Now the kid has a 500hp car for $30,000 and kid beat his dad’s corvette in a drag race. Kid goes out one night and gets into a serious accident on a street whose speed limit is 55MPH and his accident takes place at 105 mph. Well the car could go 105 before the modification, the kid would probably drive it that fast whether he had the modification or not, and I am sure he would have tried to get his dad’s corvette up to 105 as well if daddy left him take it out. SO is it the speed shops fault? Is it the dads fault for encouraging his kid to have a car with 500HP because by example he bought a 500HP car? No one is to blame here. It’s the end users fault.

Now because of this all that kids friends all go out and soup-up their cars to 500HP + . Some of these kids Crash their cars, some get speeding tickets, others Drive them responsibly and just get off knowing they have a nice souped-up car. Do their parents (if their kids are under 18 – don’t apply to 18yr old + - unless they are still on Mom’s or Dad’s insurance policy, then I think the parent still has the right to an opinion, again though off the subject) have the right to blame the Speed shop, the Kid who started all this or even the father of that kid for anything? No they don’t.

Person goes out and buys a denim jacket. He/She takes it home and decides to spray or Draw or even sough on a naked woman or Grotesque night of the living dead scene onto the jacket and walk around with it. Young children see this while the jacket owner is in the mall, on the street or out in public in general. Kids go home and re-draw what they saw on the jacket, or other kids go out and buy a jacket and do the same thing? Should the Jacket Company not sell their jackets to kids? Should art supplies not be sold to kids or even to people who intend to alter the jacket with some artwork? I mean seriously, you walk into a art supply store and ask for air brushes and tell the guy you’re going to go home and paint a naked girl, think he is going to deny you the sale? Even if you bought a Nude girl on a piece of material and told the sales person, I am going home to put this on a jacket, think they care? Your still walking around with a naked person on your coat, I am sure many people would seem offended by this. IM sure people would ask you not to wear that anymore, but hey if your jacket gives the idea to others to do the same should you be ridiculed for it? Should all the manufactures of any of the parts you used to offend certain people be governed or given Rules on whom to sell to? Should the Jacket be giving a rating or a Sales age? I know this sounds ridicules but it’s true. When I was a kid I had a denim jacket that had a slayer album cover painted on it. The cover was very bloody and sadistic and the sides had suggestive looking girls on it (not part of the album cover, just additional artwork). I got allot of grief for wearing that, Do you know that Mall security wanted me to leave the mall for wearing it there. They took me to the mall office and asked I call my parents to pick me up and that I wasn’t allowed to wear my jacket in their mall. I was 15 yrs old. I told them are your F&*KEN Kidding me. I atually tried to walk out but they tried to restrain me (not by force) Finally I just walked out, but they followed me around until my parent showed up and asked I give my jacket to my parent if I wanted to stay at the mall. Mall MGT claimed people felt offended by the scenes on my jacket and they felt I was causing a disturbance just by wearing it. Did I know I would get looks for wearing it? Yes I did. Did I ever think I would be asked to leave a public shopping venue? – NOPE. At the time I knew it was inappropriate from school and that I could wear it to school but it had to stay in my locker during class hours and if I needed a jacket during the day it could not be that one. I understand that, school is not a place for it, but the mall. My parent told Mall Mgt that by doing what they did violated my rights; they would not take me home if I didn’t want to leave and they would not take my jacket home. It caused quite a problem, but at the end of the day.. Too bad my jacket ill wear it where I want. I have every constitutional right to have an album cover on my jacket and every right to have a close to naked woman on my jacket – wasn’t like she was doing something obscene – then it would be a different story. (Yes the album cover had a Warning Parental advisory label on it when it came out).

There are so many degrees or what right and what wrong. There is morality and there is responsibility. When these things are taken out of context the result is catastrophic in its long terms effects on similar situations.

I would love to see this, and here is a challenge for all you hackers out there. Take the Sweetest most lovable (E) or (T) rated game, like a **TENDO title or something family oriented. Create a Mod that give the main character or something in the game something that would jump the rating up one or two notches and release it for people who embrace mods to install. How weird or controversial (this is only an example) would it be if someone gave Mario a nude skin – or even the princess for that matter, would love to see the ESRB tell **TENDO (don’t want to say the full name – you know who I mean) your game is now rated Mature because some kid though it would be funny to make someone naked, give it to a friend who gives it to a friend – ect, ect, ect until that mod is the most JOYSTIQed or DUGG story of the day. Now that would be a fight. Now I know you are all saying, how could you mod a game like that and not violate copy write or the EULA or something. Would be interesting if the Mod was able to be loaded onto a memory card using a simple PC / Memory card interface (for storing and reloading saves) and have the mod work from there and contain no “Stolen code”. That would be something… Again I know it would never happen, but just imagine if it did. Is it the modders fault? I don’t think so, but would start a new heated argument.

John Romero – I hope my long rambling blog helps you rethink your view on modders and helps you keep your mouth shut in the future on issues that are so absurd to begin with.

ESRB – I wish you and the PMRC and all other Organizations that say your there for the good of informing the buying public, would just go away. I feel it’s the manufactures/developers job to make sure they truly inform people of what they are selling. I don’t think you need a big (M) or (AO) Rating on your box to do that. Organization like the ESRB truly enforce a viewpoint of the most text booked, conservative, and life-style judging people in the USA. We really need to be more open, we just keep creating organizations to tell people how to think, life, and act. If there’s a law, people will follow it, if they don’t and they get caught they pay the penalty, if there is no law we don’t need another organization laying out what they feel are right and wrong guidelines for how to behave, act, or think about something.

Bethesda / Oblivion creators – Fight the power! – Tell the ERSB F#^$K OFF! Tell them we gave you the game, didn’t hide any content and your rating was appropriate. They have no right to re-evaluate it because of a third party.

48. 1. I think games are getting unfairly treated. For the most part. one can't actually get to the objectionable content unless one is actually looking for it.

Seriously - Doom was one of the first, if not the first, games that encouraged a modding community. Romero helped create the modding community. And, in turn, the fact that mods for Doom were available and expanded gameplay was what made Doom so popular.

So while John Romero rose to prominence on the backs of the modding community, he's now more than willing to wipe his shoes on it and recommend throwing it away.

The only reason I can think of to stop with the Daikatana jokes is because the point I raise above seems much more damning than anything related to Ion Storm.

50. Honestly, I couldn't give a crap either way about mods. I don't use them. However, the ESRB should NOT rerate a game based on something an third-party mod does. In all honesty, having played through it, Oblivion should have probably been a M in the first place, but it wasn't, nothing has changed about it, and yet somehow it is now an M. The ESRB needs to grow their balls back. Rockstar screwed them on GTA:SA, but this is not the same situation. ANY game can be made mature, or AO for that matter, through modding. This is NOT a good precedent to set.

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