The original TimePod was "open" in the sense that the product manual includes schematics, and in the sense that the majority of the PC software (TimeLab) comes with source code. But it was meant to be a commercial product from the get-go, so the FPGA/USB firmware was kept closed-source along with the DLL that talks to it. The idea was to provide enough information for customers to self-maintain but not necessarily to build one from scratch. At $5K its price point was low enough that most prospective users wouldn't have been tempted to roll their own.
That being said, someone could potentially homebrew a clone and use it with the proprietary binaries if they wanted to badly enough. It would take a huge amount of work that couldn't legally be recouped. When someone asks me about doing that, I usually recommend they build a quadrature PLL instead, since there's so much more literature available for those.
When Microsemi bought the product and began selling it under the
3120A nomenclature, they turned some of the software-based features into purchasable options. So the 3120A-specific fork of TimeLab is necessarily closed-source to keep from giving away that particular store. They raised the price quite a bit, but it's still a bargain compared to anything else that can do the same things, and compared to the effort it would take to build one from scratch (speaking from experience.)-- john, KE5FX