A bit of a reach on the Gabbert thing. I think you can make the argument in 2015, but not 2016 (on play alone--not arguing whether or not the better play is worth the $$ Kap commanded).
And to your point in your previous post--tough to say Kap would have been playing this whole time if he restructured his deal and went to Denver. I'd agree with that only under the condition that he played incredibly well--as it would make it much harder for someone to cave in on releasing him (this is assuming he still started his protest if he were in Denver). If he was mediocre to solid in Denver, under a reasonable contract, I think there's a pretty strong argument that he would have been cut anyway.
The settlement, particularly the complete gag order on everyone involved, and the lock up of all communication in the trial may as well be the NFL screaming from the top of a mountain that they colluded against Kap and Reid to keep them off teams. Do we think they wouldn't have done that had he been in Denver?
Not saying I'm right and you're wrong or anything like that--this is all a bunch of what ifs. The one known in all of this though is that the league pretty clearly didn't want him playing in the NFL and made that very known to the owners.