On the first point: Congestion is problem during peak hours, not during the whole month. You could download a few terabytes over the course of a month and not cause a problem for anyone else, if you avoided peak hours. Data caps only work for congestion management if they discourage you from using services during peak hours.
There's not a grand conspiracy by the cable or mobile companies about this, though - it's mostly a failure to understand this concept, or an unwillingness to go back to peak load pricing (e.g. different night/weekend rates like phone plans have/had).