I'm okay with Nvidia providing solution, even if it closed as long as the solution isn't made with the intention to ruin the performance of their competition, which is a lot of people believe, my self included, with the tessellation and hairworks.
Devs free to choose whether to use Nvidia or other solution, and the solution can even be biased to a certain vendor, but the bias should be because necessity and not sacrificing performance because other vendor will be be hit even harder.
Anyway, since you can actually pay to get the source code (as long as you don't disclose it to others), what stopping AMD to pay for the source code? Or Nvidia specifically says that other hardware vendor can't see their gameworks/hairworks/etc code? If Nvidia actively blocking AMD even if AMD wants to pay, then it's not okay.