My standards aren't really that high I'm not talking about things like snowboarding down a mountain or something like that. I'm talking about just taking the game a step further and being a Jarl it really doesn't sound impossible to do or being able to kill anyone in the game whenever I want to, but not being able to kill anyone I want to really makes the game feel linear and scripted. That doesn't seem so high of standard unless you think it is. But part of what I'm saying is if truly a rpg I should be able to make my own decisions in the game such as sparing someone or killing whoever I like. This game just doesn't have those sort of moral choices It all just feels as if you are just following script just in whatever order you want.
You can't kill everyone in the game
because of how
unscripted it is. If you could kill everyone and anyone in the game then it would break quests and the game in general because random creatures or people could end up killing eachother before they provide you with their part in the game. To be able to kill anyone they would have to script the game to prevent it.
OT: Yes I believe it is because you role play a character you choose in a world that you can walk from one end to the other in without loading screens. With very minor exceptions you can go anywhere you want at any time and the game doesn't force you to go to one place to find something to do. It's never going to be open like you seem to expect because all games have their limitations, which are built with coding and its target market in mind. Not even The Sims allows you to do whatever you want down to tiny details (even though it's a simulation) because it's just not feasible with tech, time and economic constraints. So, with that in mind Skyrim is an open world RPG because it allows quite a high level of roleplaying and is massively open. Only a few games seem near to it in terms of this, and most of them are its predecessors

With all the constraints on making video games, Skyrim is very near to the pinnacle of what we can achieve at the moment. I'm not saying your idea couldn't be realised in the future (which it actually can now with modding, on pc of course), but for me even vanilla Skyrim sets the bar for open world RPGs at the moment.