It's not the same category, but it IS a competing service playing on an unfair playing field.
Leveling the playing field for people playing the same game is all fine and dandy, but it completely fucks over disruptive innovations challenging the status quo in a different category.
How about this one, people watch less TV than they did ten years ago, a lot of that time is now spent using Facebook, what happens when Facebook isn't throttled but Netflix and the rest in their category are?
This isn't net neutrality in the slightest.
It really isn't. Netflix isn't a protocol, and if you're using torrents as a drop in replacement for Netflix you're breaking copyright law in any case. You can't argue that you use torrents as a competing service without implying you're breaking the law.
The problem with the category thing is that it makes your passtime more important than my passtime. And suddenly the passtime that pays the most is going to get preferential treatment.
This hurts innovation and companies that want to disrupt current services with a different verticle.
Category based throttling sounds like a good idea but it simply is not neutral and will fail us.