Miller has a laundry list of issues with the ESRB and the way they handled this situation, but the ESRB says they are simply enforcing the rules the industry placed upon itself. The ESRB's Patricia Vance says, "Unfortunately, due to 3D Realms' lack of experience submitting games to the ESRB, it would appear that they were unaware of the various industry guidelines in place and the consequences of not complying with those guidelines." Was that a Duke Nukem' Forever dig? We're sure there'll be more scuffles between developers and the ESRB. The same way the film industry has fights between directors/producers and the MPAA rating board. But the ESRB will pretty much tell you, it's either their way, the self-regulated way, or regulation will fall to the US government.