Only if he gets reinstated. Again, you're overlooking the fact that the commissioner's office has to approve reinstatement. Last year, Goodell refused to reinstate the man until he was able to reach an agreement on a course of action with the Packers. It's no coincidence that he was traded just two days after his reinstatement. The Packers received offers, recognized the benefit, and Goodell felt free to proceed. Two days later, Favre was a Jet. Goodell isn't going to do anything that's detrimental to the owners and the game in the end. The owners sign his checks. If Favre decided to unretire again this year, he was still on the Jets roster after the Jets decided to draft a QB based on his departure, and there were zero trade offers on the table, no way does Goodell grant the reinstatement. The Jets released him to do him a favor. Favre didn't force their hand.
Besides which it actually IS the team's fault that they're so close against the salary cap that they can't take Favre's salary back if he wants to unretire. And as noted by others, the team he apparently want to unretire and play for is a team the Jets couldn't trade him to anyway. There's nothing wrong with the system as is currently in place. Favre couldn't unretire and play for any team he wanted a year ago; he didn't have that leverage. The only reason he does have that leverage now is that the Jets can't trade him to only team he'll unretire for, and because the Jets have spent like a drunken sailor in free agency the last two years and don't have the cap room to take him back. That's their fault, and a weakness in the deal they made with the Packers -- not a problem with the system.
I agree with most of what you are saying here, except the fact that you think the Jets are so close to the cap that they cant keep farve. 13 million dollars is Favre's cap number this year, that is a whole lot of money to hang on to and not spend on quality FA's, on the off chance the guy decided to unretire again. Very few teams have 13 million in cap room hanging out to give to somebody this late in the off season. In fact i am willing to bet nobody does. Now because the Jets released him from his contract, if he decides to play in Minnesota, it will be much cheaper than for 13 million this year....
Well, the Packers did have the cap room a year ago. Also, if the Jets didn't have the cap room for Favre's contract -- which you're right, they didn't -- isn't the original complaint irrelevant? The Jets would have to either release Favre or get him to restructure his contract anyway even if he didn't retire, so again this is an issue where there doesn't need to be a new rule relating to retirement. In this case Favre's leverage would be the size of his contract, not the fact that he retired and then was going to unretire. As for whatever deal Favre signs with the Vikings, if it happens, it's debatable whether it will be much cheaper than $13 million. The guy is still going to want to be paid big bucks, it's not just about facing the Packers.