That is a VERY black and white definition. Not to mention, often times, such bad tools are clearly labeled.
You don't give a 2 year old that's still a slave to his oral fixations (in other words, puts stuff in his mouth) a toy that clearly says "WARNING: Toy contains Small Parts! Not Suitable for ages under 3." But some parents of the year do. They ignore warnings and wonder why everything's screwed up. Like that case of the secret naked code on a Grand Theft Auto game. Some parent discovered their kid found it and flipped out when Grand Theft Auto isn't an appropriate game for those under 17 anyway. Kids should be playing games that are rated E or E-10... maybe Teen in some cases. They went through this big whininess in the 90's when Mortal Kombat (which is tame by today's standards) came out and they demanded a strong ratings system.... only to ignore it?!?! Same with TV ratings. TV 14 MEANS TV 14. You have V-chips, family friendly options on other networks, and of course DVD movies... if you're complaining that you're 5 year old is watching something explicit, you have ONLY yourself to blame.
We have ratings systems for a reason. Sure, some kids will always bypass it. But those are kids who are looking for trouble anyway.