Okay lots of points to address here.
1. the unknown license
Free for noncommercial, negotiated for commercial, with provisions for indie games.
2. the face that i don't get the source code
Most things you would add would be in the Game layer anyway. Also, in CE3 most systems are separated into discreet libraries and interacted with through somewhat COM-inspired abstract interfaces, so it's possible to swap some functionality with your own implementations in some cases as long as you program to the interface.
3. the fact that cryengine 3 is more optimized than 2 thereby not allowing for really big open world games because of floating points accuracy.
64x64 sqkm is generally the recommended maximum size of a terrain in CE3. San Andreas was 36 sqkm. You've got a massive team to fill all that space with content, do you?
As for Torque3D, nice engine actually difficult to make work for a GTA clone. No asset streaming. This can be worked around a bit by cleverly chopping the world to make the zoning load screens happen in logical places, but imposes some restrictions on level design.
I will also point out your complaints about lipsync and AI are off base though, lipsync quality is determined by the quality of your dataset and your character rigging.
AI development can be assisted by some built in state machines, goal system, communication system etc provided by some engines, but that don't inherently mean that having those features (or not) makes the difference between "good" and "bad" AI, it just speeds development.
Anyway, have a look at the Grit Engine. An open source engine designed specifically for large streaming worlds.