Sure, it says "publicly available, openly documented", but I can't actually find a file-format spec anywhere.
Given that CDF files seem to be able to do most things Mathematica can do, I'm guessing that might mean "publically available to anyone who pays us for a Mathematica SDK licence".
Interesting notion that you have to pay a license fee if you want to charge for the document. This means that if you want to do a consultancy report using CDF you have to pay a separate fee even if you already paid for the authoring environment (Mathematica). Maybe Microsoft should pursue this licensing model?
At least it's an open format apparently: http://www.wolfram.com/cdf/faq/#aboutcdf