You are 100% correct. nVidia provided bad 9600M GT cards to Apple, but Apple should have addressed this issue during their Q&A tests! The worst thing of all: this BSOD issue with the 9600M GT was first addressed TWO months ago, and still no fix or even an official word from Apple themselves!
I
strongly suggest everyone who has this BSOD problem to return their MBP to Apple until they get a 9600M GT card without this issue! This is unacceptable, and it's becoming more and more clear that a firmware fix can simply not 100% fix this issue!
The only thing a firmware fix can do is
1. underclock the 9600M GT card. In other words: force lower performance than it should provide.. This is clearly unacceptable and would be a shame!
2. adjust fan control policy, which is only postpones the problem
Don't forget there are users with machines who don't have this BSOD issue at all (read this topic)! Their GPU never hits 90 degrees or higher, and they have the same fan control policy!
Also, even when I force the fans to run at max speed (6000 RPM) I still experience the BSOD. The only difference is that I can play my games most of the time for more than 1 hour before I get a BSOD. The issue is only postponed with this workaround!
I'm 100% sure this is a hardware problem with the 9600M GT card. And I have only 1 suggestion to people who experience this problem:
_*RETURN YOUR MACBOOK PRO IF YOU HAVE THIS BLACK SCREEN OF DEATH PROBLEM!
DON'T WAIT FOR A SOFTWARE UPDATE, BECAUSE THIS IS A HARDWARE PROBLEM! YOUR GRAPHICAL CARD IS FLAWED!*_
Read the investigations by The Inquirer:
http://www.theinquirer.net/inquirer/news/052/1050052/nvidia-chips-show-underfill -problems
http://www.theinquirer.net/inquirer/news/921/1049921/inquirer-confirms-apple-mac book-pros-have-nvidia-bad-bump-material