well Diablo 3 was a colossal failure market wise so it makes sense that it'd drop to $40 but it's still way too much for Diablo 3... it's a fun game but it's not worth $40 and I feel bad for those who paid $60 for it
It is apprently much better now that they actually fixed it. I would still rather play Path of Exile, it has a very similar feel, and it is completely free, so it is a win win.