From what I understand Microsoft and Sony especially need for a game to maintain a certain level of playability for the game to stay in their online stores. It is abundantly clear to everyone that plays that cyrodil performance is atrocious and essentially unplayable in peak time, however I do not believe the companies that allow it to sold through their stores do not. I think that the community should file an overwhelming mass of complaints to steam, microsoft, sony etc. about the performance and that might get something done. It is almost impossible to believe a Triple A title with an ongoing subscription service, a dlc and an expansion planned to be released in the near future can get away with leaving this game how it is, really it is false advertising and really puts ZOS in the same league as EA.