The risk isn't data loss; if you forgo fsync, you accept the risk of some data loss. The issue that started this whole debate is consistency.
The risk here is of the system ending up in an invalid state with zero-length files *THAT NEVER APPEARED ON THE RUNNING SYSTEM* suddenly cropping up. A zero-length file in a spot that is supposed to be occupied by a valid configuration file can cause problems --- an absent file might indicate default values, but an empty file might mean something completely different, like a syntax error or (famously) "prevent all users from logging into this system."
When applications *really* do is create a temporary file, write data to it, and rename that temporary file to its final name regardless of whether the original exists. If the filesystem doesn't guarantee consistency for a rename to a non-existing file, the application's expectations will be violated in unusual cases causing hard-to-discover bugs.
Why should an application that atomically updates a file have to check whether the original exists to get data consistency?
Allocate blocks before *every* rename. It's a small change from the existing patch. The performance downsides are minimal, and making this change gives applications the consistency guarantees they expect.
Again: if you accept that you can give applications a consistency guarantee when using rename to update the contents of a file, it doesn't make sense to penalize them the first time that file is updated (i.e., when it's created.) Unless, of course, you just want to punish users and application developers for not gratuitously calling fsync.