Not upgrading their connection is not the same thing as intentionally causing congestion. Especially when the connection would be fine if it weren't for the massive share of Netflix traffic.
The massive Netflix traffic that I, as a Comcast subscriber, is requesting.
If we're all all drawing too much data over the network, upgrade it and charge us more! I have no higher bandwidth options than Comcast's cable internet service. Huge lack of competition in California.
Not upgrading their connection is not the same thing as intentionally causing congestion. Especially when the connection would be fine if it weren't for the massive share of Netflix traffic.