Neutrality is a proxy war for liberal activists: it's a hyper-real simulation of "activism" - with its own "heroes" and "villains". So instead of taking on a big issue like healthcare, which has powerful opponents and which might mean a messy (to nerds) compromise, it's far easier for armchair warriors to "Save The Internet", sign a petition, wear a badge, etc.
And like all politics (particularly US politics) it's about making a symbolic gesture - it's a power play, demonstrated by adding regulatory obligations to the FTC, or passing a Law.
Neutrality was dying as an issue last autumn - but these activists really want to Get Their War On - and like the Duke of York, they had already marched 10,000 men up a hill. So any issue that smells of neutrality will do as fuel.
It didn't help when Comcast's PR drones repeatedly lied to Cade about what they were doing. But what *were* they doing?
Since Comcast's actions made the BIttorrent application run *better* for *more* people, I find it hard to see how anyone can argue that Comcast "busted" Bittorrent.
It's like arguing you've "busted" traffic by removing a traffic jam. Or taking a faster journey has somehow "busted" your travel plans. It makes no sense at all - but the term is pejorative, and we have already decided the morality in advance for you.
But before we are in a position to make a moral judgement on Comcast, we have to permit them the possibility that they may have been acting rationally. And when we do, we see they have to cope with real issues that come with managing a network - like physics (Bittorrents design meets a bug in the DOCSIS protocol) and economics (no customers means no revenue).
When the network grinds to a halt, customers don't blame the DOCSIS designers, modem manufacturer or Bram Cohen - they blame Comcast, quite naturally. So Comcast had a customer retention crisis. The peak-time throttling wasn't pretty, but it made Bittorrent downloads run better, barely affected uploads, and therefore made most of its customers happier. Crisis averted.
Yes, I would rather we reported the reality of physics and economics than the fictional hyper-reality created for us by the armchair Neutrality activists.