Bethesda responds to Oblivion rating change
Bethesda has issued an
official statement addressing the ESRB's decision to change Oblivion's rating from Teen to Mature. The developer will not
contest the change, but insists that a "full, accurate, and comprehensive" report of Oblivion's
content was submitted to the ESRB before the game's release. That report included a 60-page document that detailed all
"explicit language, acts, and scenes in the game."Bethesda's report did not list nudity because "[there] is no nudity in Oblivion without a third party modification." The existence of topless heroines is not a result of unlockable content, but rather, a result of third party tools used to modify the game's art archive. With that said, it's difficult to justify the ESRB's decision to include "nudity" as part of the PC version's explicit content.
Bethesda also confirms that there will not be a recall, nor will the game's content be changed in order to retain the Teen rating. Instead, future copies will be printed with Mature rating labels, and M-rated stickers will be applied to all existing unsold copies of Oblivion.
Note: Both the PC and Xbox 360 versions of Oblivion have been re-rated.
Reader Comments (Page 1 of 2)
theJmtz @ May 4th 2006 12:03PM
Ok, so if both versions are going to M, then heres my problem. Either the
violence was enough to put both versions to M or it wasn't. Bethesda claims
they accurately represented the violence in the game.
From the article:
"With regard to violence, Bethesda advised the ESRB during the ratings
process that violence and blood effects were 'frequent' in the game -
checking the box on the form that is the maximum warning. We further advised
that the game contained occasional torture, vulgar acts, and gore. We gave
accurate answers and descriptions about the type and frequency of violence
that appears in the game. We submitted a 60-page document listing the
explicit language, acts, and scenes in the game. Oblivion packaging already
contains warnings for 'Violence' and 'Blood and Gore.'
I'm curious as to what new 'violent' scenes came to ESRB's attention to put
them over the edge so to speak.
Either that OR the mod on the PC version is being used as an excuse to mark
up the rating on the 360 version. It's bad enough to rate a game based on
inaccessable content(which i think it stupid, even if it's on the disk), but
now they're rating a game that wasn't even hacked based on a hack on a
DIFFERENT version of that game.
Woody @ May 4th 2006 12:09PM
this is such a joke. I do not understand american fascination with nudity (breasts). I mean come on. Some of the stuff is pretty violent and doesn't get an 'M' rating, but show one boob...
Good god, get over it.
Dixie_Flatline @ May 4th 2006 12:09PM
What is the point of a ratings system if all you are going to do is rescind your rating without cause? This kind of reactionary, purposeless behavior isn't going to do much to inspire confidence in an already-under-the-microscope ratings entity. I certainly think that games should be re-rated if there is undisclosed content, but if the ESRB approved the game with the content listed and they are concerned about another third party mod that actually inserts new art into the game to allow for nude character models, then they are going too far. There is no way that Bethesda should be held responsible for that kind of behavior. Rockstar's error was leaving the content there, Bethesda's was apparently respecting the community enough to leave it open to do so if you wished.
This whole thing is just a big mess, and it stinks that a stand-up dev like Bethesda is suffering for someone else's mistake.
Ryan @ May 4th 2006 12:10PM
theJmtz,
If content is on the disc, then it is accessible, no matter the means. However, to change the rating because of a third-party mod is ridiculous. I think this shows how much of a joke the ESRB is. I smell a restructure...
Vivio @ May 4th 2006 12:15PM
Choose your battles wisely... We have kids everywhere surfing porn-sites on the internet. But instead of confronting these porn-sites, they go after video games. TES4 is not the problem.
JL @ May 4th 2006 12:16PM
Who's going to ask them to also check upon windows, I mean you can make windows themes and backgrounds that are full of tits and other unwanted bodyparts.
I'd say no more windows for those under 18!
(Yes OK, windows is not a game, but you know what I mean)
GlitchCog @ May 4th 2006 12:16PM
The ESRB is obviously acting out of fear of political reprisal on the industry. Tell them how cowardly they're being when they rate video games based on third-party modifications:
http://www.esrb.org/about/contact.jsp
theJmtz @ May 4th 2006 12:19PM
Ryan, my point was that they're using something on the PC version to rate the xbox360 version... which is stupid.
The 'accessable on disc' argument is a whole different can of worms that has a lot of different sides and can be a long argument.
aarc @ May 4th 2006 12:27PM
somone needs to make a nude mods for all the barbie, hello kitty etc games to show the ESRB how ridiculous they are being.
Sense @ May 4th 2006 12:32PM
I'm not sure I agree with the change, but I know why they did it. Obviously, the ESRB is trying avoid another Hot Coffee scandal.
I can't really vouch for the effectiveness of the ESRB, but it's light years better than government regulation.
The best thing parents can do is check out games themselves. Rent it first and play it with the kids--hell, play it alone if you think it's too violent/sexy. See if it's appropriate.
Guaranteed, kids will find a way to see things they're not supposed to, but that's part of growing up. Kids are curious and rightly so. The world won't end if your kid sees a digital (or real) boobie.
Like the MPAA says: "Deplorable violence is okay, just as long as you don't use naughty words."
jaemz @ May 4th 2006 12:32PM
In Oblivion, you can drink alcohol, eat tobacco, take skooma and perform quite violent and needless acts.
I can see them justifying an 'M' rating. I really don't think this has anything to do with orc breasts.
Lino Guerreiro @ May 4th 2006 12:43PM
Wow! Aren't modders great? This further solidifies my previous point of all modders being complete idiots. Well done!
David @ May 4th 2006 12:44PM
Mmm... Orc breasts...
Jellodyne @ May 4th 2006 12:53PM
> somone needs to make a nude mods for all the barbie, hello kitty etc games
Hello?! That's all I ever wanted.
> they're using something on the PC version to rate the xbox360 version...
If they do this will they need to release the bare breast mod on XBL marketplace? Do you prefer breasts of barding?
Thryon @ May 4th 2006 12:54PM
This reminds me of a good story. I went to the local EBGames and sitting on the shelf of used games was a copy of Oblivion...this only two days after the game was released. I inquired on who would sell that game after only two days. I was sure they had not completed it. The store clerk indicated it was a teen who purchased it, but did not find it "flashy" enough. He took the money and bought a used copy of a Final Fantasy game. To me this shows that Oblivion is purchased mostly by "Mature" gamers anyway. Most young players prefer the linear and "flashy" attacks in most Eastern RPG titles.
Jouten Za @ May 4th 2006 12:55PM
I've never seen a modder/hacker who actually 'improved' a game. All I have seen them do is make life miserable for the rest of us 'normal' gamers. All hackers/modders do is give us 'gamers' name a bad wrap. When people see one bad apple, they won't accept the rest of the bunch (normally).
Cunbelin @ May 4th 2006 1:02PM
There is more than enough stupid to go around here, yes this is a bit of a knee jerk reaction, and yes the straw that broke the camel's back was probably the exposed breast texture that is included in the game. The fact that despite the recent Hot cofee incident (by the same publisher no less) the developers still left content that might change the rating, and did not report it in their submission paperwork is ridiculous.
I do happen to agree that Oblivion should be M rated, breast textures or no, but it is troubling that the ESRB is willing to reclassify a game already released. It looks bad for the industry, and it looks bad for the ESRB. So much for Oblivion pulling Take2 out of the hole San Andreas dug.
Andir @ May 4th 2006 1:08PM
How did the comments go from "the ESRB is bad" to "people who have an interest in modifying games are bad"?
I don't mod games, but I don't feel that we should restrict people from trying it. It takes some thought and imagination to do these things. It's a new digital form of art. I think the ESRB is highly overrated and this shows why people (except Wal-Mart, and I refuse to shop there) don't pay attention to the ratings anyway.
TMoney @ May 4th 2006 1:14PM
Wow jouten, Wow,
I guess you never played morrowind. The mods avaiable for that game have extended the play time to finish them all to what amounts to infinite. There is literally thousands of hours of additional quests and new content to find/explore. There are also several that fix graphical issues and bugs in the game. I'm still doing new things in that game 4 years later, and I use the xbox version. The pc has so many mods avaiable its rediculous. all the nudity does is add realism to the game. It makes the people in the game, now brace yourself, look like people. Try morrowind, then try it with the better heads and better bodies mods and tell me it doesn't improve the game.
seifer @ May 4th 2006 1:19PM
Bah. While I think that content removed from the game should remove any data related to that content removed from the disc as well, no publisher or developer should be held responsible for what a 3rd party mod does.
funkonaut @ May 4th 2006 1:30PM
"The existence of topless heroines is not a result of unlockable content, but rather, a result of third party tools used to modify the game's art archive. With that said, it's difficult to justify the ESRB's decision to include "nudity" as part of the PC version's explicit content."
--------------------------------
But it was the same deal with GTASA, so what's the difference? Why defend Bethesda and not Rockstar?
As for why the violence warning was added, it's because the original demo that Bethesda submitted to the ESRB wasn't a full representation of the game.
Zac @ May 4th 2006 1:33PM
What a scam! I'm going to replace any shot of Leia in Star Wars with a clip from a porno movie. then the MPAA will have no choice but to re-rate Star Wars as XXX!
Mat @ May 4th 2006 1:40PM
#16, I don't know if you realize this, but Counterstrike and Day of Defeat both started as and are still techinically "mods" of Half Life.
::the more you know:: (or don't know in this case)
Sense @ May 4th 2006 1:47PM
Just a comment on all "modders are stupid" comments.
Without modders, there would be no Counter-Strike--you know, the most played online game ever. In fact, a lot of modders have gone on to be real developers. So don't go decrying all modders just because a few of them like digital boobies.
Jonn @ May 4th 2006 1:54PM
Jack Thompson on a pale horse in five...four...
n3rrd @ May 4th 2006 1:57PM
@funkonaut
In GTASA, the nudity was hidden on the game disk, while it supposedly isn't hidden on the Oblivion disk.
Pixelantes Anonymous @ May 4th 2006 1:59PM
What needs to happen is getting someone to mod the Barbie games to have full nudity.
It'll be interesting to see what would happen after that.
How the hell can video game publishers be held responsible for 3rd party mods? This makes no sense.
Woody @ May 4th 2006 2:14PM
In reference to GTASA, the game should have with out a doubt been a 'M' rated game. The hidden sex shouldn't have mattered.
Paul @ May 4th 2006 2:15PM
Here's the feedback I just left on the esrb.org site:
----------
The Sims video game can be modified by a 3rd party to include nudity. Due to this I think the game should be recalled and given a Mature rating. In fact, nearly all PC games that I can think of have 3rd party mods that allow for nudity. Maybe all PC games should be given a Mature rating.
----------
You think they'll catch the sarcasm? Either that or we'll soon be seeing a LOT more recalls!
Khidr @ May 4th 2006 2:16PM
To the few who have said: I've never seen a modder do anything good/ they're all idiots... there are a ton of fascinating mods out there, red orchestra springs to mind as does day of defeat, and the lithium mod for quake II back in the day. Anyhow, I'm not looking to cause a war, but modders do drive development, they don't "ruin the game" for anyone, since nobody is ever forced to install a mod.
Wil @ May 4th 2006 2:25PM
Parents don't honestly give a rats ass, and neither to the retailers. A week and a half ago I was in WalMart checking out their Electronics area where an 8 year old kid said "Mom, I want the 50 cent game".
I kind of mentioned that it had a lot of violence and possibly nudity and isn't really for kids, and she said "Well I told him that I would buy him ANY game he wanted."
The retailer then said, and I quote, "You should get Grand Theft Auto, San Adreas. It's 100x better and it's 30 dollars cheaper." -- He then proceeded to sell them that game when it was completely obvious that the 8 year old kid was going to play the game. Unbelievable.
I do believe that if the parents believe their kid is old enough to understand that killing police and hookers only INSIDE a game is alright -- not outside the game -- at a younger age than 17 then ok, but 8? Come on. You tell them one thing and they have a tendency to do the opposite, or completely ignore you. The only people game ratings effect are kids in Mormon families.
Sloopydrew @ May 4th 2006 2:27PM
Did the standards for violence chance at the ESRB in a couple of months? When it was rated T for Teen, the violence was, er, "teen-worthy." How did it suddenly change to "M" and only appropriate for "Mature" gamers? This really doesn't make any sense. This trend of re-rating games due to outside pressure (I'm guessing that's what it is), is a bit scary. Pretty soon New Super Mario Bros. will have its rating upped from an "E" to an "M" for "Some Drug Use."
jay @ May 4th 2006 3:04PM
Funny, I've made games, I've helped make games that can't be modded for the PC. So no, not all PC games can have nude mods. hell one of my games has a nude guy running around blowing stuff up. go ESRB! go have fun with that.
This whole situation is funny. funny from a 20 year old who doesn't care about age ratings, funny to a guy who played Mortal Kombat from a very young age and who has never been quizzed about his age. ESRB means nothing.
Henry G Wolf VII @ May 4th 2006 3:16PM
You can do this with The Sims. Everyone, call the ESRB and complain about the horrible nudity in The Sims so we can get that rating changed too!
IanC @ May 4th 2006 3:20PM
Ive emailed the BBFc to see if the UK age rating will be affected by this. I doubt it will, but still.
Chubbs @ May 4th 2006 3:33PM
Somebody should do this stupid mod to some kids game. Then when they show nudity, they will realize how stupid it is to put a rated M tag. It's stupid.
nate @ May 4th 2006 4:21PM
this is rediculous really, if oblivion gets an m than any other pc game should because you can mod them to show nudity to. i honestly think that anyone who would download this has already seen nudity, and dont give a crap about it they just think its funny. also why would you rate the 360 version m? you cant downlod the mod to it unless m$ would put it on marketplace, (1.99 fee of course)
once again the esrb shows there fantastic marketing skills as the demend for oblivion will, no doubt, rise.
The ZeroCorpse @ May 4th 2006 5:21PM
THIS IS THE RESPONSE I GOT FROM THE ESRB ABOUT THIS:
"Thank you for contacting the Entertainment Software Rating Board with your comments regarding the re-rating of The Elder Scrolls IV: Oblivion. This is a serious and complex issue, and we sincerely appreciate your concern.
Following the public release of Oblivion, and as a result of ESRBs post-release monitoring and play-testing activities, the ESRB learned of the presence of two separate types of content that were deemed legitimate cause for reconsidering its rating. The first was depictions of blood and gore that appeared to exceed in detail and intensity that which was submitted to ESRB during the rating process. The second was a third party modification to the PC version which unlocked an art file already present in the code of the game, allowing players to apply a topless model or skin to female characters.
These issues moved the ESRB to initiate a review that involved:
Comparing the material disclosed in the games submission by the publisher to content that was captured during an ESRB test of the final product;
Verifying that the locked-out content was in fact in a fully rendered form in the code of the PC version of the game, and confirming the means to unlock it; and
Submitting the original submission materials for the game along with the content captured during ESRB testing of the final product for review by ESRB raters to evaluate the accuracy of the initial rating assignment.
This review confirmed that the companys submission for Oblivion understated content with respect to the blood and gore found in the game. Specifically, the depictions of blood and gore were found to exceed the detail and intensity of those included in the publishers videotape submission, and to be inconsistent with a Teen rating. The ESRB raters review resulted in their assigning the game a rating of M (Mature) for blood, gore and nudity, rendering the initial T (Teen) rating inaccurate.
The ESRB also verified that the code in the PC version of the game contained a locked-out topless female character model that, though programmed to be inaccessible, could be unlocked through the use of a third party tool. The skin associated with this content was found to exist in a fully rendered form on the game disc, and to require only a minor modification to a filename in the code of the PC version to access (the Xbox 360 version of the game cannot be modified to unlock the skin).
ESRB rules require that publishers disclose locked-out content during the rating process if it is pertinent to a rating. Accordingly, all skins included in the code on the final Oblivion game disc are considered pertinent to the rating, whether accessible through normal game play or not. The topless female skin was not disclosed to ESRB during the rating process.
As a result of these findings, the ESRB changed the rating for both the PC and Xbox versions of The Elder Scrolls IV: Oblivion from T (Teen) to M (Mature). The PC version of the game will carry an additional content descriptor for Nudity until a new version of the game can be re-mastered, replicated and released. Since the ESRB investigation confirmed that the Xbox 360 version cannot be modified to access the topless skin, the Nudity descriptor was deemed unnecessary for that version.
It is inevitable that some may disagree with the ESRBs actions in this instance. We simply ask those who disagree to consider that consumers, especially parents, count on ESRB ratings for reliable and accurate information about whats in a computer or video game. They deserve to know what they are buying, and the ESRB is both obligated and committed to providing the most reliable and accurate ratings information possible. If content that would affect a rating is left on a game disc, even if it is not intended to be accessible during normal gameplay, it must be considered in the assignment of that rating. On the other hand, many mods actually introduce new content into a game that was created by a third party and not the publisher. These mods are beyond the publishers control, and therefore cannot reasonably or practically be considered in the assignment of ratings.
The strength of our self-regulatory system lies in its unique ability to independently evaluate publisher compliance with a wide variety of industry-adopted rules and regulations, and enforce instances of non-compliance. The interests of parents, gamers, and other consumers are best served by having an effective self-regulatory body, whose actions are objective, judicious and fair. We appreciate your taking the time to express your opinion on this issue, and hope that you better understand our actions.
Regards,
Entertainment Software Rating Board"
AssemblyLineHuman @ May 4th 2006 5:25PM
I'm sorry, but do I have some flawed perception of what happened here? From what I understand, some modders unlocked the game's archived files (whatever that means), and FOUND some Bethesda-made nude skins for the character models that were included on the game disc.
If this is true, I do not see what the big fuss is about rerating the PC version of the game. It's not like some modders actually modded the game to include stuff that wasn't already there. They simply used what the game company PROVIDED them to make the mod. I don't have any problem with modders releasing nude mods for games, but when the game developers start to include the content on the disc, regardless of whether you encounter it in the normal course of gameplay, a line has been crossed. If we let game developers do this, what stops them from loading their discs with all sorts of things that are blatantly inappropriate in a T-rated game with the expectation that the modding community will find it, publicize it, and in the end help them sell more copies of their inaccurately rated game.
As for the ratings change on the Xbox 360 version of the game where these skins are unavailable, that doesn't really make any sense. The ESRB should, at the very least, publish an apology for mis-rating the Xbox 360's version of Oblivion the first time around. There was no apparent change in content that caused the shift from the Teen rating to the Mature rating, so the only possibilities remaining are the Bethesda did not supply the ESRB with the appropriate materials to determine the game's rating (which doesn't appear to be the case), or the ESRB screwed up.
The ZeroCorpse @ May 4th 2006 5:28PM
For the record, if the ESRB isn't lying, and the skin IS in the game, even if locked out it's part of the game put up for sale, and thus should be considered in the rating. However, if they're lying, and it's NOT in the game anywhere, then they should be ashamed.
Either way, though, I think naked boobs are hardly the scandal Americans think they should be. Nudity is treated like the biggest taboo in this country. It's sad. I'd rather see games full of sex and nudity than games full of violence and over-competitive ideals.
The only obscenity here is that the ESRB lets themselves be bullied by parents who are too afraid to explain sex to their kids.
Alex K. @ May 4th 2006 5:35PM
nudity shouldn't be on the box, since it's not actually in the game. changing the art files is what adds the nudity.
games aren't rated M for being online enabled. i.e. mario kart says "game experience may change with online play". people can draw their avatar to include boobs, penises, swears, and so on. but it's not rated M.
so same goes for oblivion. instead of a rating change, it would be more appropriate to say "game experience may change with unauthorized modifications" and leave it at that.
The ZeroCorpse @ May 4th 2006 5:52PM
One more thing: If it were up to the ESRB to put ratings on classic paintings, I imagine that a painting depicting bloody, horrible deaths in the Crusades would be "T" rated, but Botticelli's "Birth of Venus" would be considered "M" rated because of that nipple.
Bass-Ackwards.
1up_clock @ May 4th 2006 5:56PM
I believe this is when Jack Thompson marches and makes childish insults that don't apply to us while spouting off his usual brand of never-checks-the-facts-period BS. And then he would attack the ESRB for no apparant reason.
idioteraser @ May 4th 2006 8:26PM
The 360 version was rated M because when it was submitted the more violent content left out of the PC presentation videotape was in the tape.
So yeah Bethesda did lie to the ESRB about the game content.
Anything in the game code hidden or not that can affect the rating is supposed to be admitted. Anything from multiple endings you unlock after playing the game three times on hard mode, collecting hundreds of items, by way of a cheating device such as action replay is supposed to be submitted in the videotape that the ESRB board watches.
Unlike the ratings for movies the ESRB is far more detailed and objectionable.
When the 360 version tape showed heads without their bodies on them, rooms full of blood that got the game a immediate M rating.
360 version was rated M for the violence that was left out of the PC rating tape. So yeah Bethesda is being stupid like Rockstar was.
striderhayasa @ May 4th 2006 9:11PM
Mods are awesome. I'm still playing Unreal Tourny Mods. The Goldeneye Mod for Halflife two looks great too. You haven't seen great mods until you've play Quake 2 and get fragged by Yoshi, Darth Vader or Optimus Prime (complete with transformations to the rig with the original sound effects.) Hmmmmmm Mods....
Pixelantes Anonymous @ May 4th 2006 9:22PM
I read some more information about this on GamePolitics.om.
Basically Bethesda modeled their characters as naked 3D models, then put clothes on them in the game. Kinda like you have blank rectangles for walls, and then add textures on them to make them look good. Someone then dug out the naked 3D characters off the files and "removed" the clothing.
So the lesson to game developers...no advanced clothing physics, because you can't cloth your characters without getting your game rated as Mature. All sports games developers...you're f***ed.
tack @ May 4th 2006 10:19PM
If I bought the re-rated PC version, I'd be kinda disappointed that there's no Nudity like it says on the box. Hell, that's deceptive.
The ZeroCorpse @ May 4th 2006 10:24PM
Headless bodies? Where?
I'm 15th level so far, and I've been in several Oblivion gates, and I've only ever seen bloodless corpses. The only "headless body" in the game is the headless zombie, which is not really all that gory (though it IS freaky).
Jeez. I think Golden Axe had more blood!
Ethan Thomas @ May 5th 2006 12:03PM
So I just have one question: Does the ESRB actually PLAY the games it reviews before giving a rating, or do they just label them by name? "Oblivion..hmm...that sounds violent. Let's go with Teen on that one. Grand Theft Auto..automatically Mature there." If you make a statement and put that statement on something, such as a game box in this case, and then go back and totally change your opinion, you lose credibility. That kind of "This is how it is. (A month later). OH, no, THIS is how it REALLY is..trust me." will take you far in Washington, but will cause you to be considered a joke everywhere else. When articles come up about violence in games, the first thing we as gamers like to say is, "It's on the box! Read the rating!" And in my opinion, that SHOULD BE a very valid point. However, with the ESRB second-guessing everything, now people can try to say "Well, I didn't know this game was violent because the rating didn't reflect it appropriately" and now, just like that, hapless, clueless parents around the world will have a case for someone like Jack Thompson to take.
In my own opinion, Oblivion doesn't warrant an "M" rating. There's barely any blood, no nudity unless you hack the code, which really doesn't do anything to explain why the 360 version got re-rated too. The problem is you have parents everywhere who didn't hesitate to buy little Johnny a $400 360 for $1,500 on EBay at Christmas, and now they don't want him exposed to "the cruel ways of the world." In my own view, we shouldn't even have the ESRB. If, as a parent, you don't take it upon yourself to educate yourself about what your child is playing or wants to play, that says alot about you. But this is America, the land of "It's not MY fault/responsibility...I'll sue you!", so that's not going to happen. Most of the time the ESRB is over-bearing on their ratings and descriptors. Take Rumble Roses XX on 360. Sure, it's cheesey as can be and not that good of a game to begin with, but where, oh where, is the "Partial Nudity" that the game got slammed for? A girl in a bikini is NOT "partial nudity" people. I'd honestly swear that the ESRB is a group of soccer moms sitting around pulling ratings out of thin air for different titles.
All I can say is, I personally, as a 25 year old gamer, do not even look at the ESRB ratings on the box. As far as I'm concerned, it's just ESRBBS to me. And if they keep going back on themselves like they are here, it's going to start looking that way to alot more people. And to every single poster above and to those who haven't posted yet that say nudity is the biggest taboo in America: I'm with you 200%. People need to wake up and grow up. Otherwise, the next thing you know, they'll be making clothes to wear in the shower so people will be protected from their own nudity. That's about all I have to say I guess.
Case @ May 6th 2006 1:27AM
#41 "games aren't rated M for being online enabled. i.e. mario kart says "game experience may change with online play". people can draw their avatar to include boobs, penises, swears, and so on. but it's not rated M."
The critical difference is that in Mario Kart, you have to draw the boobs yourself. In Oblivion, they're already provided, and you just have to unlock them through hacking.
Some games have tons of hidden material (Some guys recently revealed a hidden song in Guitar Hero using Action Replay or something), and Oblivion's hidden material is M-Rated.
I agree with the ESRB that all content on a disc should be rated. What I and lots of others agree is that some boobs shouldn't automatically earn an "M" while a lot of violence is only a "T". That being said, the ESRB did bring up a violence issue in their re-review of Oblivion, and lots of games have earned an "M" through violence alone.
The original Smash Bros lets you hit Ness in the head with a baseball bat, and that's rated E :)