[neilkelty]

What they're doing is actually a violation of their email marketing software provider's Terms of Service (specifically, the Anti-Spam Policy - http://www.campaignmonitor.com/anti-spam/).

That policy clearly states that "This checkbox must not be checked by default, the person completing the form must willingly select the checkbox to indicate they want to hear from you."

Having no checkbox AND no indication you're joining any sort of list breaks the rules set by their provider.

(I'm making the assumption they continue to use CampaignMonitor).

[mhartl]

You make a good point, but in this case I think it's implicit in their form that you're joining a list of some kind. Otherwise, they would just have a download link.

[petercooper]

I think it's on a par with getting an update every now and then from a store you've bought something from. The 'subscription' is rarely disclosed in this case, but there's understood to be a 'relationship'.

I had a look through MailChimp's TOS and it could be interpreted a few ways but this sort of 'existing relationship' thing is covered, although it pertains to a purchase rather than a freebie.

[obtu]

Even if I bought from a store it's not expected, and because I always look for the opt-out checkboxes, anything unexpected goes to the spam bin.

[fmx]

I don't want a relationship - I just want a one-night... transaction. If I just want to download the file I'll use a disposable email address just for the principle of the thing, even if it's a company I normally wouldn't mind hearing from.

[chaud]

I assumed they didn't want people linking the download directly, so they were sending out personalized links. Apparently I assumed wrong!