Yeah but it will take longer. If theyre working 10 hours instead of 16 we're talking an over 50% delay. Instead of 3 years we get 5 years. That's wrong. They should work the maximum hours they can endure, and we will get more games in a timely fashion.
So? I'd rather a developer take their time to make the game a polished experience than rush out a buggy, glitch-y mess. Plus, not every game needs to be AAA caliber. Letting developers experiment with smaller scale projects is what gives us unique stuff like Brain Age to fill in the gaps.