They can access it, they just need a license. We don't even know if that costs money or just requires them to agree to certain terms (i.e. not disclosing the code to AMD or Intel). Even if it does, Nvidia are a business and the sole point of a business is to make money. Helping people is what charities are for. (Note: As far as I'm aware AMD are not a charity either)
I can see you point and agree with it to a degree.
However, I don't recall (I may be forgetting something obvious) the last time a games company produced libraries for doing these sort of effects. They might do game engines, but not sure if they do effects libraries. Again, it probably boils down to a lack of time.
So if it weren't for Nvidia and AMD we wouldn't have Physics engines or hair 'engines' or any of the AA types they've introduced that have improved performance over the standard ones. Was it AMD that came up with HBAO?
So without AMD and Nvidia doing these sorts of things we might not have gotten them. We can't assume that without HairWorks and TressFX that Ubisoft would've decided to write these libraries and make them available to other developers.
I doubt we'll ever truly know if DX12 would've been like it is now or even existed if it wasn't for Mantle, but if Mantle has drastically shaped DX12 then without AMD and Nvidia doing these extra things DX12 might not have been that different from DX11 and who knows when it would actually be released.
Left up to developers what do we get? So far just Valve backing OpenGL.