The irony is that Time Warner has lead you to believe it is ironic. Understand that anything that is 'sponsored by' or 'brought to you by' or 'owned by' Time Warner isnt going to count against your cap.
EDIT: Ok, sorry to confuse. This is my prediction. It only makes sense that TW would reward you for DL'ing their content versus the other guys. Hence, no penalty against the cap.