Yes it is...
Scola is free to accept offers from the Spurs, or any team not in the NBA. You cannot force him to come to the US and play for the Spurs.
The Spurs are free to offer Scola any salary they want. He cannot force them to offer him a salary larger than they are willing to pay.
Both sides are free to take whatever positions they want. The market is artificially limited by forcing other NBA teams out of it, but inside that limitation it is still a free market, NONE of participants are constrained beyond their own decisions...
Until the Spurs come up with an offer that is acceptable to Scola, he's not coming here. The Spurs may be willing to accept that. But anyone who thinks that the Spurs have Scola over a barrel and can force him to accept a contract he doesn't like is a ing moron.
The same applies to Javtokas. You cannot force they guy to accept your contract offer.
They may choose to come to the US for less money, on the hopes of a big contract later on. BUT you cannot force them into that decision. It's their life, they get to chose.