That's the crux though, right? If they can make their network more efficient by offering services in specific ways that consumers can opt-out of, why shouldn't they be allowed to? Because we like the principal that all bits are equal, regardless of protocol, service, or network? Because that just ain't the case. It doesn't take a CCIE to tell you that.
EDIT: Yes, I agree that T-Mobile would be doing something "bad" if they were performing these activities for "real" anticompetitive purposes (promoting their own services, like AT&T and Comcast do). But if they're truly using it as a network management tool, which it appears they are based on the technical requirements, why should it not be allowed? Especially if you can opt-out?
example: If product X can provide this many CDN nodes and this much peering directly to T-Mo, then they are allowed to participate in Binge-On.
Can you provide evidence of this? That you're not permitted to opt in if you've met their technical guidelines?
> Also, it's misleading marketing.
Can you explain which part is misleading?
Similar to Comcast owning NBC and degrading performance of other streaming services: It's immoral. What T-Mo is doing is the same: They are charging you more to access your local music server, or your friend's startup, than they are for the 'big players' in the market. It's harmful in the long term.
Disclaimer: T-Mobile customer, current EFF contributor