That would mean they have to place everything in the game twice.
I don't think you could do that with a check box.
It won't be like oblivion.
I'm not a programmer or game designer, so I wouldn't be able to tell you how feasible implementing something like this would be. Common sense would say you're right, though. Both scenarios would need a set of standard items and a set of scaled items. The 'check box' would be at the beginning and permanent to that save file, of course, so you can't simply fight your way into a treasure cove at Level 1 scaled and find rare items by switching back to the standard set.
In what way will it not be like Oblivion? I haven't read many details on this new system.