I don't think it is all that clear--but it does seem to me that IF these drafted 20 year olds missed their opportunity to sign or re-enter the draft because of the lock-out ,they could go to court to request total unrestricted free agent status in preparation for when the labour market for the NHL does re-open under a new CBA--nor do I think any new CBA can retroactively extend what was in the former deadline for signing or re-entry...perhaps the new CBA can word the salary CAP for "rookies" entering the NHL so that it matters not whether a "first year under contract player" comes from either of the last 2 held drafts or from prior drafts if played entirely in Europe prior to age 31 or the UFA age limit,OR from the pool of 2003 draftees unsinged and now free agents--this would therefore affect ONLY the salary status of these free agent "rookies" --BUT NOT THEIR RIGHT TO FREE AGENCY...therefore it does seem that if no draft is held ,some agents might want to get the courts to declare their clients of this type (unsigned 2003 draftees) FREE to sign with any team --ALBEIT the maximum allowable monetary incentive WILL BE NO BETTER--so why would any of these guys want free agency since they cannot benefit monetarily above the "rookie cap" scale?
(By the way,the 2005 draft class might also argue for this type of free agency,if no draft in June as scheduled--ALTHOUGH ,they might have to wait until the calendar year is over --because if a new CBA is signed by fall 2005,the NHL could still hold their 2005 draft delayed--OR--even might need to wait till June 2006 before going to court over this,because NHL could hold delayed 2005 draft anytime before the June 2006 draft if a CBA not in place until that time---so it could be a tougher road to free agency for 2005 draft eligibles denied by lock-out to sign nHl contracts--it may depend on how long the CBA takes --OR they MIGHT gain an easier road if the
NHL declares impasse and goes to "replacement players"--here at least the 2005 draft eligibles---since denied their draft under the old CBA rules due to lock-out-- probably would get immediate free agency).
Getting back to the question of why the 2003 draftees (some of them) might still opt for free agency even if still subject to impasse imposed NHL rookie cap (from their NHl's last offer on the table,as the NLRB would impose if it agreed with the NHL):
1. Personal preference ---have favourite org would rather play for/like certain cities or regions or countries better =climate/,taxes/night life/cultural amenities/family+friends if they want to play closer to home/fan themselves of a certain team =so lots of personal reasons ...
2. Possible monetary gain IF free agency (even if limited by a max rookie CAP) means getting away from the SCALE of a rookie's salary based on his draft round
--ie. suppose a 2nd rounder from 2003 could expect only "X" dollars under this CAP if a new CBA was signed in time for the '05 draft and he chose not to re-enter,but with this new free agency because no draft due to lockout,vhe now feels he can negotiate to the max for a 1st rounder of his draft crop if his play since the draft justified enough interest from other teams now free to negotiate with him...admittedly not a lot would be in this position --but perhaps a few.
3. The opportunity to play in the same org with other 2003 drafted but unsigned players who are their friends or who they have a chemistry having played together on certain teams in the past or maybe on the national JR.team.
An example here might be Clarke McArthur and Colin Fraser who played so well together on that energy line for Canada at the WJC-U20 --or perhaps Richards and Carter want to be together --but maybe not in PHI?
4. Personal grudge---to punish the NHL team that drafted them but refused to rush to sign them before the lock-out...
Therefore for any or all the above reasons --it may be desireable for at least some of unsigned 2003 draftees to try for free agency should they get the chance due to this lock-out continuing or impasse/last offer imposed...they would then be free to sign with any team as a "replacement player" albeit subject to the imposed or negotiated (under a new CBA that came too late to prevent their FA status) rookie CAP limit...