Take-Two and the FTC

I read the following story on Yahoo today:


http://news.yahoo.com/s/ap/20060608/ap_on_hi_te/ftc_video_game_sex


Basically, the FTC is fining Take-Two Interactive over the sexual content in their Grand Theft Auto: San Andreas game that wasn't even accessible without hacking the machine code. While I haven't researched the situation, it always sounded to me like Take-Two removed the offending code from the game by commenting out a conditional instead of removing the source altogether. Just because some hacker with too much time on his hands tracks down the code and creates a way for others to access it, does that mean Take-Two undermined the rating system? I certainly don't think so.