I actually agree that these are valid concerns about the game. I hate enemy and loot scaling, and it completely ruined Oblivion for me. But I think the way it was implemented in Skyrim is more reserved, and it doesn't have nearly as huge an impact on me as it did in Oblivion. Maybe I'm just not good enough at the game, but playing on master I've entered tons of dungeons that I just wasn't powerful enough to fully clear at the time (without resorting to boring, repetitive and unrealistic cheese tactics). That never happened to me in Oblivion. I agree that no scaling would be better than toned-down scaling, but the way they implemented it in Skyrim is good enough for me to suspend my disbelief.Also Durante, I didn't play a spell caster in Dark Souls, but I did in Skyrim. While they be mechanically similar, in Dark Souls I can find an amazing spell early on and have a chance of using it. In Skyrim, I wont even see a spell book for that spell until I spend hours upon hour using the same shitty fireball spell to kite enemies repeatedly. It's a gigantic problem.
That's without mentioning all the other problems many of the quests face, such as the obvious becoming the grand-master of the guild with apprentice level spells and a basic axe. In a game with a real difficulty curve, you have to earn that. Skyrim does not have a difficulty curve. It's just a straight line.
All very valid, non-"whiney" reasons to be less than thrilled about the game being held up by the community as an example of the best the medium can offer.
So in the end, while these are valid concerns, the improvements regarding scaling together with the much more fun combat, infinitely more diverse location design and improved character progression is -- in my opinion -- enough to make good on the unfulfilled promise held by Oblivion, and that in turn is good enough to make it eligible for Game of the Year. Obviously Skyrim has a lot more faults than some other candidates, and I think no one will deny that. But reaching for the moon and only arriving in the Himalayas is still more exciting than going grocery shopping -- even if you manage to do the latter with all the polish and aptitude in the world.