When my kids were younger they played Maple Story. Then someone discovered how to run private servers where you could set your own levels etc... some were hard, some easy, some silly. The kids loved them.
Then Nexon went after all the sites that had anything at all about private servers. Their weapon of choice...copyright. It didn't take long until most every site folded up shop.
There were no lawyers, because just like this case, the people that would hire them to fight do not have the bottomless pockets that Nexon and Nintendo have.
"Yeah so? It's not the government's job to protect your investment. Otherwise I want the government to protect me if I lose money in the stock market. Sorry, it doesn't work that way. You don't get a government that protects your business model unless you are a member of the MAFIAA"
Now we know that anything by George Mobley could be tied to Getty, so people that read this story instead of thinking of him being an awesome photographer and all around swell guy, will think he is money grubbing and sue happy and will just move on to someone perceived to be friendlier.
Epson has released a line of printers with massive tanks where you actually pay for the printer up front instead of getting it cheap and paying for expensive ink until the end of time. They are spendy but.....
How about if you have a cap in place you have a guaranteed minimum speed that you deliver instead of an up to number. If you fall below minimum then the customers does not pay for that day since you failed to deliver.
I think wee would see an end to caps pretty quickly.