Back in June, Fez received a patch that was promptly pulled. While it did fix a bunch of bugs in the game it also created a rather glaring new one. Some users who downloaded the patch found their game saves were wiped afterward. With such a massive issue, Polytron responded quickly and earnestly and Fez fans went on playing without an update.
Today there was word from Polytron again saying that they will not fix the patch and just have it go back online. Here's the first few sentences from their post:
"We“re bringing the first FEZ patch online. It“s the same patch. We“re not going to patch the patch. Why not? Because microsoft would charge us tens of thousands of dollars to re-certify the game."
That's the gist of it. Microsoft does indeed charge for patches as they must go through a certification process and all that jazz. True, they managed to let the patch initially get out, but it would be more the fault of Polytron for not being able to spy the possible massive issue themselves. It's not Microsoft's job to play developer, after all.
It seems odd that Polytron wouldn't have just made this announcement earlier, seeing as how Microsoft's pricing policies aren't exactly surprises sprung on people at the last minute. Either way, they have said that the save game issue only happens on "less than a percent of players" so it's not a big deal overall. If you have the save issue then sorry! Polytron will just probably point you toward an eventual PC release since their system exclusivity is set to expire in a few months.