Well, if the developer holds something back from the ESRB, then of course it's their fault for doing so. I totally agree that the evaluation can't possibly assess all the content in the game, and that the ratings must use a representative sample. In any case, I can't imagine the worst this game has to offer being any more gorey than your average RTS, so I doubt there's a need to worry.
I don't know what's being suggested in the US right now (I'm Canadian, so I don't follow US politics closely), but I tend to agree that they tend to go a bit overboard down there when it comes to censorship. I don't see what they can achieve with their own rating system, anyways.
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