wasimkadak sends this quote from Ars:
"Developer Phil Fish knows there's a problem preventing some people from enjoying his Xbox 360 puzzle platformer Fez as intended. But he's not going to fix it, thanks to what he says is an exorbitant fee of 'tens of thousands of dollars' that Microsoft would charge to re-certify the game after a needed patch. The issue started on June 22, when Fish released a patch intended to fix some outstanding gameplay and performance issues with Fez. That patch gave rise to new problems for some players, though, by causing their save files to appear as corrupted, in effect erasing their progress through the game. Microsoft pulled the initial patch for the game mere hours after it first went up, to prevent the bug it contained from spreading too far."
Another article covering the story suggests this situation is simply a mis-match between an indie-dev's expectations and the realities of a curated gaming platform