Just because people are downloading a ton of illegal content right now doesn't mean 5 years from now the average person won't be downloading it legally. This is how progress is made.
Caps will move, rates will move, usage will move, prices will move. I'm not sure what your point is. I'm saying (or, strongly implying) that virtually the only people who will be hit with this cap today are the ones using BitTorrent.
And websites like http://www.graboid.com repackaged usenet to make is accessible to the general population. Movie studios don't seem to mind since they have a DMCA process and most content never gets one.