AMD does the same thing with TressFX and the forward lighting Leo tech demo that was implemented in Dirt Showdown. Both vendors attempt to advance techniques that show their hardware off in the best light. It's up to game developers to choose how much they accept from AMD or Nvidia, and it's up to reviewers to decide whether it's fair to benchmark with vendor supplied code enabled or disabled (see for example the Dirt Showdown or HAWX 2 benchmarks). Then we get to discuss everything here. The more interesting things to talk about, the better IMO.
The "open" thing is a bit of a red herring, since as I've said before, vendors optimize closed code all the time via shader replacement, and both vendors work with developers to optimize game performance. I don't see how GameWorks changes much.
Finally, it's completely bizarre to me to see people saying they'd like GameWorks better if it were implemented in CUDA. I bet if Mantle wasn't looming, the people here wouldn't be half as friendly to proprietary APIs.