You mentioned some flamebait claim, without any substance. If you can't elaborate (like provide a link to the actual source for instance), I'd assume it's a fake, and their PS implementation is not open source and you are simply trolling, like usual.
The whole point of an NDA is to prevent access to the source without authorization. I.e. incompatible with open source by definition.
Bashing about how companies handle 3D APIs will take you nowhere on the games industry, as we discussed multiple times.