A benefit of being a developer is surely being able to create whatever you want. If you claim that "Baldur’s Gate 3 is an expansive, cinematic, player-driven RPG based on 5e D&D" then it is a claim that you are not making whatever you want, right? You are accepting something that is already established. In particular, this means you are accepting the rules of 5e. Fifth edition is its ruleset, right? Without those specific rules then what is 5e?