As far as I can tell, the "driver" is open source. Admittedly there is a microcode blob (not part of the kernel at all, thus not linked), and an easily-straced daemon which is non-free, but this doesn't seem especially onerous at all because;
1) The microcode blob is not part of the kernel or its device infrastructure, and is not maintained by the kernel developers. It's simply using the kernel as a piggy-back loader mechanism to get the device started. To me, it's no more or less irrelevant than the absence of source code to my PC BIOS.
2) The daemon is easily reversed-engineered, barring legal restrictions. And the legal restrictions probably aren't Intel's fault, or if they are, it's the fault of the legal department covering their asses a bit too much. But covering asses is what legal departments do.
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