Let's set the record straight. Even if Tom's claim that Kap was in the second tier of starting QBs were true, a second-tier starting QB in the NFL still earns a shit ton of money. Kap replaced Alex Smith who all the experts agreed was better than Alex Smith. Prior to last season, the 33-year-old Alex Smith signed a four-year, $94 million contract guaranteed for $71 million dollars, so Kap is worth at least that much based upon talent. I note it is unlikely Smith will ever play again and he gets to keep the $71 million dollars for doing nothing.
Yes, after Harbaugh was fired in SF and the team cut all of its talent Kap's numbers went down, but QB's rarely do well without any surrounding talent and poor coaching. After Harbaugh, there was an untested head coach who lasted one season and then Chip Kelly who also lasted only one season.
But let's go even further, let's say Kap is just a top tier backup. 37-year-old Ryan Fitzpatrick got an $11 million contract from Miami at the start of this season. Nobody with a lick of sense would say a 37-year old career journeyman QB has more talent than even a 32-year-old Kap.
The reason the NFL paid millions of dollars to make Kap go away, was because they didn't want their racist emails between some of their owners being made public which would have happened if the lawsuit would have gone on.