Microsoft threatened to cripple OpenGL in Vista with a "legacy" mode. This caused a lot of backlash from CAD developers and caused others to switch. They reversed their decision at the last minute after they lost support for Vista from many of these developers.3DS Max uses Direct X over OpenGL by default so it can't be that bad.
Before DX11 it didn't even support multithreaded rendering. It's a total joke. Can you imagine rendering Wall-E on a single thread?
Even the films listed on Wikipedia as having used 3dsmax have been rendered in OpenGL (2012, I Robot etc).