That might be true, but I wouldn't expect the microarchitectures that achieve this performance to be free (in either the "gratis" or "libre" senses of that word). Designing a superscalar application processor requires an enormous amount of work by engineers who are experts in their field, and that work needs to be compensated somehow.

The ISA may be open, but there is no requirement for the microarchitecture implementing the ISA to be, and it's hard to imagine anyone doing the work to produce a performance-competitive chip and then giving it away. Even if there is a "consortium" model where multiple companies benefit from a single design, they would likely set up some sort of licensing arrangement to prevent free-riding by companies that did not contribute to the design.