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Thompson's defense also appears to contain a number of factual errors and misrepresentations. He claims the Entertainment Software Rating Board found that Take-Two Interactive failed to disclose objectionable content in its role-playing game The Elder Scrolls IV: Oblivion. The ESRB said it found developer Bethesda Softworks was at fault in that matter, not Take-Two.Thompson also said that Bully was found to have "homosexual sex" hidden in the game, about which Take-Two "forgot" to tell the ESRB and the judge in last year's suit over the game's release. The homosexual activity in that game was limited to kissing, and the ESRB said shortly after that game came out that such scenes were considered in issuing it a rating of T for Teen.When asked by GameSpot about these incongruities and others, Thompson replied "I'm sorry you can't figure these things out."