But really though the Oblivian mod and the GTA hot coffee thing were both unaccessable through normal gameplay. The ESRB is dumb to count mods into the rating system.
unfourtenately (that's spelled really
wrong) both the oblivion and GTA mods could be acsessed through the normal gameplay. for GTA, the hot coffe was already in the game, you only needed to type a cheat code in to see it. that's why it was targeted. that;s why esrb made such a big deal about it. i don't think that they could've done anything if it was just a mod. morrowind had about 20 some nudity mods, but since you had to download it, it was considered a thrid-party installation, and therfore it was not bethesda's fault. for the nudity in oblivion, it was also 'there', you just had to unlock an artfile that was stored in the construction set or program file. since the programs had 'put' the nudey stuff in, it was simpily unlocked by a third party, anybody could unlock it if they had the skills. i have no idea why
the kindly folks at bethesda had the art file in there, but whatever the reason, it was in the programing of the game when it was released, so it was, apparently, bethesda's fault.