Back to square 1.
Both video. Both serve the end user in the same way.
But nobody will challenge it because nobody is in charge of torrents.
This kills neutrality completely. There is no way those ruling over this know where to draw the category lines properly.
And anyhow, FCC did exactly that; they went after Comcast for throttling torrents for no reason. And throttling torrents just because they're torrents is clearly not permissable by this clause by BEREC either; all it allows for is temporary and exceptional traffic shaping in case of congestion, provided it's done nondiscriminatorily. Which is a good thing; an ISP needs to have a neutral course of action available then besides a meltdown of its net. And yeah, I'd say latency insensitive bulk downloads would be perfectly sensible to deprioritize then. Now, doing what's reserved for recovery in general instead is certainly an abuse of network neutrality, by this rulebook as by FCCs.
But yeah, the public will need to stay vigilant over how national regulators implement this ruling case by case.
