That may be true but when you think about it if there is no STM, people won't wait to do their downloads until after 9pm and then hit the network with a load it can't handle. If there was no STM, people would download as and when they needed, meaning the network wouldn't have such a high peak time at 9pm when STM is no longer a threat. That in turn would reduce the actual need for STM as the peak load wouldn't be so high.

I do understand what you mean though, for someone who downloads a lot lot more than average and downloads virtually constantly anyway, its not going to affect them in the slightest.