This is about negotiations before the 1949 season of NASCAR; the second season. So it's always been a cluster fuck.
I haven't really been keeping up with the 23XI lawsuit thing and I'm not a lawyer since my parents were married when I was born, but the only chance I see 23XI coming out on top is arguing that NASCAR is a monopoly because of the requirement to show up to every race. As I understand it, NASCAR claims they can run in the Cars Racing Tour as an alternative. Now, I haven't checked, but I would presume that since Cup runs almost every week, there would be scheduling conflicts and that they absolutely would not grant a playoff waiver if a team elected to run in another series. Especially since the made and issue of Lason doing the doube, even if it promoted their even more than all of their efforts combined.
I really think the collapse of NASCAR would be the best thing for stock car racing. It's not like it's going away.