An appeal will be filed. Another judge will step in to evaluate if Judge Berman overstepped his bounds.
Read More NFL says it will appeal judge's ruling that nullified Brady suspension
Why does the NFL care so passionately about this infraction? Why spend millions of dollars and thousands of man-hours devoted to football inflation? Because this case is not about determining a valid punishment for a specific offense, but rather a total condemnation of the Patriot Way.
I have spoken to several former NFL players, who both played for the Patriots and against them, and they tell stories that would blow your mind. The Patriots employ tactics that—in their words not mine—"totally cross the line."
Read More'Deflategate': Sales of Tom Brady merchandise double
New England fans call it "jealousy." Fans of other teams call it "fairness."
Yes, the NFL lost (for now), but did it really?
This "scandal" has managed to keep the NFL as the main topic of TV shows, sports pages, blogs, sports talk radio, fantasy drafts and barroom chatter. Despite other sports having great playoff runs, and the U.S. women's soccer team winning a World Cup, the NFL has managed to own the off-season.
Read More Why every weekend should be three days
The ratings for the NFL opener between the New England Patriots and Pittsburgh Steelers should set records. Nonetheless, the debate will persist regardless of the outcome. And the NFL's business will remain dominant.
In almost every aspect of its business, the NFL is an exacting institution. Control is its mantra. It controls who its broadcast partners are. Who its sponsors are. How long the deals are. How much they cost.
But there are two courts it does not control—the judicial court and the court of public opinion.
Even so, no matter how this saga ends, one thing is certain—the players will play, the fans will watch, and the NFL owners will count their money.
Commentary by David Katz, founder, CEO and principal editorial voice of ThePostGame, a sports culture and lifestyle media property based in Los Angeles and New York. He's the former head of CBS Interactive as well as Yahoo! Entertainment & Sports. Follow him on Twitter @katzmando