No issue with this at all.
Back 15 years ago, if you released a buggy game you would essentially have to recall all the game copies, re-print CDs/floppys, and send back to your customers. That would be WAY more than $40k. Release good software; MS doesn't want buggy stuff on their platform because it reflects poorly on them.
Not exactly the same, but that was a huge reason folks hated Vista so much. In that case, poor third-party drivers caused instability issues. MS took to the hit, and it hurt their reputation.
From an end-user standpoint, I want a well-performing application. If a publisher, to save some money, refuses to patch a critical bug, that tells me a lot about them and that they don't care about their usage base.
For the record, I create and manage software development/implementation as my job. No software is 100% bug-free, but relying on fix/bug patch after fix/bug patch only causes rifts between you (the dev) and your customers.
The article doesn't say if on-going content patches cost the same $40k. I am not sure how I feel about that, to be honest, if the same costs are applied.