I understand the technical challenges very well (I'm a software engineer). But essentially they're rolling a cart downhill without brakes. They're trying to give freedom to the players, but not really giving it meaningful expression because of the technical and financial limitations.

It's not really a criticism as much as a statement of fact - they're trying to give freedom, but they're unprepared (financially or technologically) to follow that up to it's desired outcome, which is a real hand to shape the world. Instead we're left with this frankenstein creature that breeds a system which encourages people to take hats at knifepoint.

The only real criticism I have is that there is some complicitness in this. For example in Skyrim, he whole point of the separation of hold legal systems is to let players get away with being murder hobos in one hold, and then do whatever they want in the next. The game is generally pathologically afraid to levy a harsh penalty on the player.