Who 'foots' the bill.
This kind of ties in with the recent threads about the Netflix/Verizon spat on El Reg. There were discussions about where the "fault" lies and I did raise the question about peering arrangements and who actually should pay for what.
I recall that you certainly did.
My take:
IF
Netflix 'foots the bill' for the 'fat pipe' to the ISP, then Netflix has every right to say how it is used
BUT
if the ISP 'foots the bill' for a fatter pipe, then Netflix can go out and fuck itself
HOWEVER
if they agree to 'split' the bill, then that may be a reasonable commercial arrangement
It all depends on who blinks first, or gets their nuts squeezed by a regulator first.