Probably about every ISP is shaping traffic already anyway.

YouTube doesn't seem to be as fast when using a browser as opposed to using JDownloader - or YouTube Downloader HD for 1080p clips otherwise blocked in many download managers these days.

BitTorrent traffic, where all sorts of legal, semi-legal and illegal downloading happens, is probably not going through every ISP without being throttled as well.

File hosting services operating like the legally fucked Megaupload offer fast access to legal, semi-legal and illegal content for a reason: It makes a difference for consumers caring about quality whether they watch some TV show or film or porn clip through an awful mess of artefacts and thus via a heavily compressed video file, a less compressed HD video file or a Blu-Ray Disc (image) and how long they'll have to wait for it to be available.

Just going all Mike South and saying "Everything in porn is on those tube sites and only Manwin makes money from those." is an option, but completely disregards the fidelity of whatever's on offer being downgraded for the LEGO chic.

So instead of feeding iTunes with money by buying TV shows and films on there in average HD quality, comsumers can say "Fuck you, fruity computers; I'll go somewhere else and really like beer." to get the same content in terms of fidelity and a whole lot more films and porn than any subscription to a paysite will offer for a fraction of what legal channels charge.

"Free content" isn't free per default.
ISP access, a computer to download and the time it takes should be considered just like how that content actually looks on an HD screen either rather common or affordable for a lot of people today.

The "data highway" is a dirt road for most and delivers damaged goods.
You have to pay some trolls their toll to pass shiny bridges or make a detour through a forgotten part of town.

This post is so German it hurts.

That post is so German it makes you want to go back in time when an Aryan Nation guy raped your rancid asshole.