You missed the point ENTIRELY. Sure it's fair if, as you said EVERYONE'S speed was held to a similar standard. Umm.. hello, the article was quite clear- these config files are applied to iPhones ONLY. Android phones are left unfettered, thus creating the UNFAIR to consumers situation.. Make sense?
Trucks, motorcycles, and cars are all held to different rules on the road. Well, that sounds unfair, doesn't it? But so long as all cycles are treated the same as each other and all cars are treated the same as each other then that's fair.
An iPhone is not an Android phone which is not a tablet which is not a laptop. People use each of those in different ways so if they tailor the rules per device type, well, ok.