Would it be feasible for a driver patch to be shared via e.g. an anonymous torrent, with a checksum (to certify authenticity) held somewhere more reliable, like GitHub?
Sounds like what we used to go through years ago with sound editors that had to have a separate button for downloading and inserting the MP3 encoder because the Fraunhofer license prohibited it from being directly distributed with the software.
No, with MP3 the encoders/decoders source code was always available in the normal source code repositories (e.g. FFMPEG) - the problem was just with binary distributions.