edit: I guess spam is by definition commercial email. Still, I think it's possible to have a business relationship with a company where it's acceptable for them to send an occasional email that you didn't specifically request.
It is unlikely that the business is your friend ;-).
They have proven themselves to me and I like them on an irrationally human level.
What bothers me, however, is when the other 99.9% of the brands I interact with automatically assume that they are the 0.1%.
Yes, it's possible and acceptable to have that kind of relationship between a client/business, but the problem becomes when a brand believes that they can control that relationship, or define it themselves, or simply assume that it exists.
That's only some definitions. There are more hardcore people who'd view anything they didn't explicitly request as 'spam', just some of it originating from people they know vs companies they know.
SPAM = UCE + UBE.
UCE = Unsolicited Commercial Mail
UBE = Unsolicited Bulk Mail
What's common? Unsolicited.
A week or two ago I sent hundreds of messages to my customers, warning about Heartbleed and noting what measures we'd taken against it.
That mail was unsolicited. Not overtly solicited, anyway. Sure, it falls under the "we may contact you from time to time about yadda yadda" but people only know that if they actually read our Terms & Conditions. A normal person with an important mailbox and a convenient spam-button doesn't always have time for such careful consideration and nuance.
Heck, to make sure the mail reached the recipients, and to avoid getting my domain flagged (and this is for a very legitimate message!) I used a 3rd-party mail service. It sucks that I even need to do that just to communicate with my customers.
I suspect one or a few of my customers may have marked that message as spam, too. Because, whatever it was (didn't read, just glanced at subject) they didn't expect it so it must be spam.
- Yes: not spam.
- No: spam.
And, since I never solicit promotional email to my personal address, my method is 100% accurate.
In my opinion the companies sending unsolicited promotional email are the ones gaming the system taking advantage of the "well this might be unsolicited but it's not v14gr/\" grey area.