> But before doing any of this, there has to be an agreement, whether or not
> the header should be included at all.

Of course.
Here's what I intend to do once I find some time again, which could take
a few days/weeks:

Split this up into three patches.

One that adds a check for NVENC Version 6, so only the MIT licensed
header can be used.
One that adds the exception text(With all authors of nvenc.c on CC) and
drops non-free.
And a final one that bundles the header and enables it by default.

That way the issues can hopefully be sorted seperately.

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