Giants stand on the shoulders of giants, and inspiration is a river running from the past to the future. But it is interesting how relaxed gamers are about the obvious use of classics, like LoTR. If Skyrim was a movie, the audience would cry "RIPOFF!!".
But Bethesda are not the only one guilty. Orcs and Halfings has been used in a lot of fantasygames and still do. I think it's part of the (fantasy)gamer culture: the more Tolkien, the better.
First of all, what halflings are there in TES? and second, if you want to cry rip off, which i personally don't think you have the right to do, then Tolkien ripped of several cultural mythologies.
This argument is kinda silly, everyone is inspired by things outside their own mind, there's no such thing as truly original thought.
on another note, I like how drastically different TES elves are from the norm. They're more likely to be evil in Tamriel than good, and I find it refreshing.