Fez developer Polytron recently made a public statement saying they are not fixing the game's broken patch due to the cost of certification. While gamers may not agree with leaving a game-breaking bug in the game, Microsoft has spoken out in support of Polytron's decision.
"Polytron and their investor, Trapdoor, made the decision not to work on an additional title update for Fez. Microsoft Studios chose to support this decision based on the belief that Polytron/Trapdoor were in the best position to determine what the acceptable quality level is for their game. While we do not disclose the cost of Title Updates, we did offer to work with Trapdoor to make sure that wasn't a blocking issue. We remain huge fans of Fez."
The patch is currently live and can be downloaded by most players without worry. The patch has caused save file corruption for less than one percent of players, and only occurs if there is a complete or near-complete save file.