Nope, there were two separate tests.
One was the latency spikes, which was a contention thing.
The other was the fact that when I was shaped on p2p, I could not even log into diablo while nntp was running at 2.5% of line speed. If I stopped NNTP, login was fine. Started NNTP, lag went through the roof. So something Diablo does was being affected by 25KB/sec NNTP speeds. Only way that can happen on an otherwise unused 10mb line is if it's contending for the same chunk of bandwidth as NNTP - ie, it's in the same bucket. If it was classed as realtime, it would not fall under the 2.5% limit I was seeing.