I kinda disagree with the whole article. I understand it in spirit, but the facts don't back it up.
First of all, as was explained in the article, the nude content was on the disc sent to stores. That's as deep as I'd need to dig to come to a conclusion. It's the exact same scenario as Hot Coffee. And since this happened after Hot Coffee (and under the same publisher, Take Two) I see no reason Bethesda should be seen as innocent here.
Second, games that have user generated content will not need to be re-rated as long as the publisher does not ship the game with any overly-objectionable material. To see a real example of this, look at the Sims. Underneath the pixelation, is just smooth skin. No details. So the game gets a T rating. There are skins on the internet that let you add various sexual details. However, EA has no control over them, without compromising the allowable content. Therefore, they are not at fault and the ESRB doesn't need to do anything.
I think it would be responsible for a publisher of a user-modifiable game to let parents know that mods exist and some might be bad. But they don't need to re-rate every game, nor do they need to rate every mod. And they had no plans to.
I think Bethesda is getting too much credit here. If this scenario happened in any other medium, it would invoke the same repercussions. Imagine if Pixar released a DVD that had several nude models hidden on the disc. You had to rip the DVD and go through a few levels of encryption or something, but they were still there. There is no defense for that. Was the content on the disc. Yes. Did they distribute it. Yes. They would be guilty and so is Bethesda.