yes and i dont understand what is the problem, propietary drivers are not ilegal, simply are propietary, ubuntu includes it and is a free-open S.O.
You dont sell batocera or win money with it, no problem about include Nvidia / Amd drivers for linux, you can include a start screen on first boot with the license or bla bla bla, its not a problem , i think people prefers this instead of cant play newest systems because low fps with a decent/good GPU due poor drivers.
Think about for 5.4 please.