Hey Kent,
From a commercial reality stand point rather than a legal stand point I note that guys like Eddy Groves can pretty much get away with what they want.
I note that the NBL is not like the AFL or the NBA that truly have power and independence over its members.
The NBL is not going to bite the hand that feeds it and fine the Eddy Groves' owned Bullets and jeopardise losing one of Australia's few young multi-millionaires willing to pump money into basketball.
In fairness, I don't think there would be too many people that would if in the same position. It isn't fair but it is a reality.
When it was the NBL that did not allow Moore to sign with us do you really believe the same would have happened if we were owned by Groves (also happens to sponsor NBL Grand Final series, etc).
Not only that but from a legal standpoint, there is case law to suggest the whole salary cap system/point system are an illegal restraint of trade and if Groves is willing to offer Bradtke a sum that he is willing to accept then so be it.
It is a contentious area, and you could imagine that other sporting codes such as the AFL and NRL would pump money into defending any action seeking a declaration that a particular salary cap is illegal. I think in the past, whenever such action has been tested in the AFL that the matters are always conveniently settled before a decision for obvious reasons.
In any event, it doesn't take much to get around the cap.
I mean, what is stopping me if I had Mark Cuban type money to offer Willie Farley $200,000 a year to play on my social team...conveniently allowing him to play for next to nothing for the 36ers.
There are a million alternate ways to get around the cap if you have the money like Groves.
Look at the Titans before they went under. Peter Fiddes reported they were spending close to $1 million in excess of the cap before they went under!