Because Car Game has blocks falling down and aesthetic destruction in a small sandbox. Things that PhysX gets shot down for constantly. Can't win an argument with people who are (rightfully mind you) just peeved that their AMD card can't use the same effects because they're locked out.
"lol Batman smoke ;>"
And Stalker, seriously?...
Volumetric smoke in Stalker is implemented in environmental effects only, therefore it's static and isn't used in things such as explosions and the like. Randomly generated scenarios at any point in time which could put any real load on the CPU. That's not to say that similar effects in Batman are that much better, but that is the real argument.
Next Car Game's physics effects aren't anything ground breaking. We've seen 'fall down' destruction in Crysis sandbox and other things for years. There isn't any real in game scenarios where these effects are used at all. Least of all on the CPU. In Next Car Game you're talking about, again, a small sandbox environment with very minimal workloads. Mesh colliding and a few blocks. The best example of particle and volumetric physics is Borderlands 2, but examples like this are gold dust for the reasons Orangey rightfully pointed out.
I think we can all agree that in the right hands PhysX could be better than what it is, but if people think that the moment it became open source we'd be seeing amazing effects they're asking to be backhanded by developers as they're opening up a whole can of worms for them. You can't please everyone.
Good post and some very good points.