I'm not expressing an opinion on this copy, but are you saying that, if it's the nicest copy, it's a 9.8? That's the impression you're giving, but I'm sure that's not what you're intending.
That is exactly what I am saying. I am assuming that the defect is considered a printing defect. It can't be completely ignored as some printing defects are, because it is atrocious. In the event that there are copies where the printing defect does not actually damage the paper (as most of the examples are tears) they are the 9.8s. It is consistent with the way they treat other printing defects.
I don't like seeing those mutated abortion miswraps, or King Kong nutsack creases in 9.8 slabs, but everyone says "Oh its a printing defect." Why should this be different?
It shouldn't be treated any differently than any other issue.
What happens when someone actually does find a copy of this book that is 9.8 and doesn't have the tears? Does CGC give it a 9.8.5 or just a 9.8* (with an asterisk?)
I can assure you, having worked in the industry for 25 years, that the entire run could have this defect, then they ran an additional 1000 copies without it to pass off as "Samples." I all but bet there are copies without the tears, and it's possible when one is found a lot more of them are laying right next to it. Being a book of almost no value means they're sitting in a box somewhere out of mind.