Umm.. check my profile, I worked for Comcast for 4 years I know their broadcast and HSI infrastructure pretty well.
Comcast has a residential cap of 250GB/month as being acceptable usage by a customer
Yes and if everyone used it at the same time your network would crawl. Bandwidth on Comcast (And most networks) is a shared service. Caps be damned there's not an ISP in existence who can survive massive simultaneous usage by all their users (such as everyone using Netflix around 8pm in the evening). Unless you want Comcast to throttle down their limits?
Again you keep making this argument a battle between Netflix and Comcast and its not. If Netflix used Akamai as their sole provider of CDN services (who have CDN agreements with Comcast) this would not be a Netflix issue. This is a Level3 and Comcast business dispute.