Say a developer uses a number of 3rd party libraries (ie. Boost, TinyXML, etc), who will be pay damages if the program crashes in a bad way? The developer for not trying to catch 3rd party crashes, or the 3rd party for writing in bad code?

Moreover, the people that want to download a ton of stuff, will opt for the connection with the higher Cap. If the point of the cap is to curb overzealous downloading, why would you want to give the highest bandwidth allotment to the people that want to download the most. This is counter to the purpose of caps, IMO.

'More than 99% of our customers will not be affected by our updated policy, as they consume far less bandwidth than the threshold allows'

If the VAST majority of the users use less then the cap, whats the point of having a cap anyway? 1% of users going over won't effect anything.