Honestly, (and remember most of this post is conjecture based on what I've seen in my car, and what others have posted here)...
I think even in the warmer parts of the US, for your average commuter that doesn't push the car too hard, they can probably live without the cooler. The temps may jump from time to time to 240 or maybe 250, but probably not enough to hit limp mode by far, and the engine will live plenty long to meet the warranty obligations.
The issue is going to be the enthusiast driver that pushes the car a little harder in hot conditions, or the track driver anywhere. But seeing as this car is very enthusiast/track-marketed, that's a valid concern (whereas it wouldn't be on, say, a Toyota Corolla).
I really don't mind if the oil cooler is an option we have to purchase with our own $$, I don't think a recall or Nissan footing the bill is really necessary. A Nissan (or Nismo or Nissan Motorsports) oil cooler option, available at launch, at a remotely reasonable price that is fully warrantied and offered through all the dealers as an option at purchase time would have been good enough.
However, they did not make one available at launch, and there are open questions about whether the coming Nissan Motorsports part is factory warrantied (not to mention the proprosed price is a bit high).
What would make me happy at this point would be for Nissan to publicly make a statement to the effect that they understand that the car will need additional oil cooling under some ambient/driving conditions (they can say that 'regular consumers' aren't affected if they want), and that for drivers experiencing unacceptable oil temperatures, they recommend installation of the Nissan Motorsports part or a quality aftermarket equivalent (which were released much more timely and have been the only option to date), with at least some kind of implicit understanding that 'recommend' means they're not going to try to deny warranty claims just because people are trying to protect the engine with aftermarket coolers.
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