If what they're thinking of doing is simply a lottery involving the non-playoff teams of 2003-04, then that's so wrong on so many levels. In my opinion, all 30 clubs deserve at least a shot at Sidney Crosby. When there IS a season, all teams that have a first-round pick have a crack at the first overall selection (some better than others), unless you don't have first-round pick that is. The same should apply to the 2004-05 season even if they don't play.
Yeah, it's LIKELY that the Colorado Avalanche or Detroit Red Wings won't be lottery teams if have the season but you can't guarantee that. Look at what happened to the San Jose Sharks when they WERE expected to compete for the Stanley Cup (2002-03) and when they were expected to rebuild (2003-04).
Therefore, there should be a 30-team lottery--unless somebody is stupid enough to trade their 2005 first-round pick this off-season. And somehow I doubt the situation would ever get to the point where there simply wouldn't be a draft. That's not going to happen, not in a year where the next great superstar player is eligible for selection. You cannot have a Crosby/free agency situation, that would cause total salary anarchy in the league (and isn't that what they're fighting about to begin with?). And you can't tell Crosby to stay out of the NHL because there's no draft, either, because the NHL needs Crosby as much as Crosby needs the NHL. The league certainly wouldn't want Crosby to spend ANY time in the WHA, or anywhere else.
This should start to get very interesting in the months ahead.