Comcast (s cscma) said Monday that the content streamed over Microsoft's (s msft) Xbox won't count against user's 250 gigabyte monthly usage cap prompting outrage among cap-hating websites and consumer groups. But the reality of the situation is that Comcast is within its rights. While we can lament the FCC's failure to implement network neutrality rules that didn't give Comcast a legal loophole, the regulations don't ban such behavior directly.

