Truth in advertising...
Until 2004, they absolutely did advertise the service as "unlimited". They don't any more, but they also don't tell you that there is, in fact, a limit, because they don't have one. They have a nebulous soft limit, which is whatever the hell they say it is.
While I understand your argument about them controlling their network, there are acceptable and unacceptable ways to do that, and spoofing packets is *never* acceptable. Not that it helps them, of course, because every Comcast user is simply using encryption on their BitTorrent sessions now, which they don't reset because they cannot recognize them anymore.
If they offer me a speed instead of a limit, then I will adhere to that speed and not to a limit. If they sell me 4 megs down and 384 up, then by god I should get 4 down and 384 up, period. 24/7. All the time. If they cannot provide that, then they damn well should not have sold it to me. If they actually provided what they *claimed* to provide, then they wouldn't be in this mess. If they can't provide it, then they cannot claim it. Truth in advertising is the law, and I really truly hope that the FTC bitch slaps Comcast for their false advertising.