First I don't see that happening. If it reaches the point of being considered? I think they scrap the game before releasing without license.
To answer the question..
No, probably not. If I could still import my 20 version game intact with all real MLB, MiLB unis, logs, stadiums etc., then maybe.
I would think after having the product licensed but then bowing out of that agreement OOTP would not be flying under the radar in any way shape or form.
The first warning from MLB lawyers to the parent company could result in limits on the ability to mod. MLB might very well lose if challenged, but does the development company want to expend money and time to mount a challenge? Look at how the game was coded to exclude a league already. I believe it could be coded to pretty much exclude anything the company wants it to.
In the end it's not happening anyway, so this post is pretty much worthless.
