Hi. I'm the author of the original post; thanks for your comment.

To be clear, VOD streams to your STB are delivered over IP, just not through your cable modem, router and home network. You're right, of course, that Comcast claims these streams are no different than that VOD service.

The point where I think Comcast's argument falls apart is that streams to their Xbox app are delivered through the exact same network elements both inside and outside your home, as e.g., Netflix streams.