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.
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.
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.
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.