Well, not being Live enabled is a huge step backwards for the game and though Obsidian is responsible for the game, so is Lucas Arts. When it comes to the final accountaility both are to blame. Live enabled could have been used to fix the many many problems that the US X-Box version has. Without it those who bought the game would either live withthe problems they are having (if any) or trade up to a second printing if Lucas Arts chooses to do so with the PC and foreign X-Box fixes.
Yeah, it sucks, but the only thing the consumer can do is just not buy the game and hurt Lucas Arts and Obsidian in the pocket book in a vain hope that they will listen.