But you're still missing the main point, which is that good QoS doesn't need rules that single out and privilege or deprioritize any specific classes of traffic. Discrimination rulesets are obsolete. A network with good AQM at points of potential congestion will support full bandwidth utilization with sufficiently low latency for applications like VoIP and gaming, which can coexist alongside video streaming and bulk file transfers. QoS can be both effective and neutral with respect to content type and transport and destination.
Bad obsolete QoS shouldn't be used as an argument against net neutrality regulations. If it happens that net neutrality regulations both prohibit unfair business practices and require ISPs to fix broken congestion management, that's a good thing.
If anything, it would be the reverse.. HTTP and TCP (which doesn't care if its packets arrive out of order) getting deprioritized in the face of streaming content (which does). That kind of blows your restriction away. QoS under heavy load is the difference between everybody getting to use their apps and one or two people getting to use their apps.
Thing is, there's no successful ISP in the world that has enough capacity to service maximum bandwidth from all of their customers at the same time. There's always going to be a fudge factor worked in, and QoS to help out when that goes wrong.