Re: Utility vs Service
Let's be clear: a lot of those "loopholes" and inconsistencies stem from using an inadequate legal framework to deal with this issue. It is really not only about QoS or "wear and tear" of the pipes, or pricing, or accessibility. It's about myriad things that affect the entire Internet usage of consumers.
You are right, it is a complex issue with many facets and needs to be considered carefully to protect consumers and level the market. That means we need new laws and regulations specific for the Internet and its related services.
The problem is that saying you are either "pro-" or "anti-net neutrality" means absolutely jack shit. That's like arguing you are "pro-" or "anti-regulation" or "pro-" or "anti-equal rights" or "pro-good" or "anti-evil," when arguing about the nuances of specific statutes. It's not constructive. I am neither, or both, depending on the specific argument being discussed.
Of course I want to lower prices for consumers. Of course I want to improve services. Of course I want to enable future creative uses and business models. Of course I want a fair market place with healthy competition. However, I do not agree that changing classification of ISP's brings those things or at least not in the best or most practical way.
You can call me "anti-net neutrality," but that obscures the fact that we are on the same side and have the same ultimate goals. Moreover, it pits us against each other which is absolutely convenient to the corporate greedy interests, since as long as you and I are arguing over this, we are not coordinating to pressure Congress to change the law in our favour. This is one of Mr. Orlowski's observations, and as I said before, we should know better.