[Chrysalis]

I agree with kwikbreaks, the legal vs illegal argument is put forward to try and justify isp's throttling and FUP's as if they only affecting illegal activity and its ok because they doing the law a favour. That to me doesnt wash.

However the isp's are digging themselves a hole, if a content provider goes after the isp, the defense normally is they are simply a carrier of traffic and not responsible for what the user does, however by shaping torrents etc. the isp is proving they can identify traffic that has a high likelyhoood of been copyrighted material and as such by not blocking it they could be found liable.