Yes and no...
You are absolutely right that a game has to be balanced. But saying it is the developer's job is a step too far. Of course the developer could do it, and a forward-thinking developer would do it, except Bethesda's role in the "open-world" genre might ultimately prove to be bringing the genre into the mainstream, nothing more. Whether Bethesda can continue to push the genre forward with ingenuity and creativity remains to be seen. Using the same formula may work for a while, which it has indeed done, but the real question is how much longer can it last?
As "open-world" systems become mainstream, and even perhaps the norm, demands and expectations of players will increase far beyond producing a huge open world. An increasing number of developers will get involved and the inevitable competition will weed out the unworthy. Specifically, improvement may not be the developer's job so much as another developer's job. Whether Bethesda remains the daddy, or even in the running at the end of this process, only time will tell.
Luckily for Bethesda it appears other attempts to produce "open world sandbox" type games also seem to be falling far short of their potential. Take for example Spore, where the idea was to evolve a creature from the cell stage and ultimately reach and explore the stars with a unique player-created species. The first time I saw the galaxy screen with all those beautiful stars my brain almost popped a sprocket. For a few wondrous minutes I believed that video games had finally come of age. Then reality bit, and bit hard, when I realized the entire game was nothing but cosmetic fluff. Evolution? The devs clearly had no understanding of the word "evolution" other than in terms of marketing hype. No, this was simply Mr Potato Head going galactic.
But make no mistake, now that particular box has been opened sooner or later someone will improve on Spore. Eventually the job will be done properly.
Similarly, regarding the open-world RPG, the box has been opened and there is no way to close it now. If Bethesda either cannot or will not do what is required then other developers surely will. Human greed and ingenuity guarantee it. Our voices as players count for little given the current state of affairs, yet as soon as significant and dangerous competition enters the arena then our spending power as consumers will suddenly count for everything. Either way we win (as players and consumers).
Okay, I take your point. But suffice it to say that if this is the case, Bethesda is in the same spot as Will Wright - they're both making games that are fantastic toys to play with, but not so hot as GAMES, because they are fulfilling the requirements of a good toy, but not of a good game.
They've already said that they will do balance tweaks, and fix exploits (crafting loop for sure will be gone). If you want to feel overpowered, you can always play on novice. But when we find master difficulty trivial because we happened to level sneak and smithing, for example, what recourse do we have?
Exactly the point. It's one thing if novice allows you to easily become overpowered. If Master does so, there's a problem.
See, this is what I love about free market capitalism. Other companies are free to make competeting products, and then the market (that's us) decides which is best. One or the other may fade away, or there may be enough customers for both to survive.
Bethesda HAS discovered a winning formula for role playing games. Almost every game they have produced has been phenominally successful. For it's time, each one sold incredibly well, and garnered award upon award, including GOTY's from many different web sites. There is absolutely no way to say that Bethesda's forumla for RPGs has been anything but a full blown success story. From everything I read, they are ALL like this: it is easy to become over-powered. Obviously, people like it. Beth has no reason to change it, and every reason to leave it alone.
I very much welcome other companies to make RPGs that are much more "balanced"- i.e. much harder to become OP in; designed to be challenging no matter how you build your character. Then the market (us again) gets to decide if one formula is better than the other, or if indeed, there is room in the market for both. I LOVE that! (What true capitalist wouldn't?)
You guys can suggest to Bethesda to change their formula all you want, but I guarantee their not going to listen to you. Why? Because the way they're doing it now makes them stupid rich. They aren't going to screw around with their golden goose, and I can't say I blame them. It WORKS.
I'm one of those E-VIL capitalism-loving free market types myself, and I agree with you that Bethesda is free to make the game as they please. My point is not that Bethesda has some obligation here. They can make their game as they please, and so long as they uphold their end of the contract, they're legally in the clear.
But I'm not talking legalities here. I'm talking about what is required for a good game, and if I have to manufacture challenges because they aren't actually built into the game, then there's a problem with the game.