Given that Netflix tends to aggravate their upstream costs, which are ALWAYS metered, perhaps there's some measure of fairness in it. Even when it comes to shipping physical things, there's some give and take involved. Sometimes, the buyer pays the shipping; other times the supplier eats the costs. Perhaps the next question to ask is whether or not the amount the customer pays between the ISP and Netflix is sufficient to fund all the upstream costs. If it's not sufficient, then the ISP probably has a case to ask for compensation from either end. It's something that has to be hashed out between all parties involved, just as bulk shippers need to cut deals with transport companies.