I blame the people who are responsible for putting the data on the network. Thats Microsofts staff, not Bethesda's. Bethesda has ZERO control on the actual data uploading and servers for LIVE. Thats all MS proprietary systems.
And pigs can fly....
Microsoft can only upload the files that they receive by Bethesda and if there was a failure while uploading by MS they would have changed that allready. But thats only possible if they get working files.