Hey Ush, Backfire mentioned that Mod. It's an extremely popular one and easy to find. Just go to a mod site (I could find a couple for you if you don't know any good ones) and do a search for the Obscuros Mod....it stops the scaling and makes it more realistic.
I have quite a few that are fun as hell. The petshop mod (I have a pet panther right now...he's weak at the moment but it's cool as hell) and other stuff that makes it more realistic (like more natural wildlife AI and a living economy system that makes buying and selling more realistic). Also one that makes stealing easier so people aren't "psychics" as you put it. Should this stuff have been fixed from the start? Yeah, probably. But it's available for free for those willing to look.
And it doesn't really detract from the game...they were easy to install and only add to the experience.
As for "Best Game Ever", there's the 'Best for its time' type of award and the 'Actual best ever' award. I'm into RPG's and love the Elder Scrolls series, so I wouldn't object to it being called the best ever (by the 2nd criteria, not the first), but for someone not itno open-ended RPG's it might be a bit of a drag. But I like trekking through forests, and honestly think that the options, AI, quests, and graphics are as good (or better) than any other RPG out there. But that's me...opinions obviously differ.
Right now my only complaint is occasionally heinous load times. And I realize that I've tweaked the original game experience quite a bit with mods, so I'd probably have other criticisms if I hadn't done that, but I think that just makes it more enjoyable for me.
So best ever? It's too subjective a term to really say for sure. In that sense, you're right...it probably doesn't deserve it.
But I still love it. ๐
P.S. Game update...I'm only level 3 right now, still kinda newbish, but I'm working through the Mages Guild and own a black panther that I named Guenwyvar (Drizzt reference). My character's class is a custom one, but it pretty closely resembles a Spellsword class. Haven't done anything toward the main quest yet, but I'm looking forward to it. Good times...