What most of the commenters seem to be ignoring is the evidence that the author is doing perfectly well selling his game for $28.
Having played (and paid for) one of them, given it took me dozens of (entertaining) hours to complete, I don't have much of a problem with that price.
I think what the post really boiled down to was:
Expect high ($30 - $60) prices for big commercial titles because they cost millions. Huge development costs divided by lots of customers result in high prices.
Expect low prices ($1 - $10) for indie games in popular genres (puzzle, etc) because there is lots of competition. Low development costs divided by lots of customers result in low prices.
But expect highish ($10 - $30) prices for indie games in niche genres, because there are simply fewer potential customers. Low(ish) development costs divided by few customers must result in highish prices, or you lose money.
Yes, there are free flash games, but point me at a free flash game in the same genre and of the depth of the author's games?
Previously, Jammie Thomas had attempted to get the fine ruled unconstitutional (citing State Farm vs Campbell) , pleading that $9250 per song was... well.. a bit too excessive.not so severe and oppressive as to be wholly disproportioned to the offense.
I've noticed several design suggestions in your code.