They classify it as "transactional" emails (like what is supposed to be order receipts, shipping updates, etc) and so "decide" they can send you an "order update" to an "existing customer with a business relationship" 6 months later, instead of adding you to the spam list immediately.
replyI just received a marketing email from Dell, and in the footer they claimed it was a transactional message. The last transaction I made with them was 3 years ago!
replyIt's insane - I rarely want marketing emails (there are some I do, new products from Saddleback Leather are always interesting) but when I do actually find out about some new product that's desirable, I find that I never get marketing emails for it, even if I'm signed up to things you would think would cover it!
replyApple knows who I am, what I've bought, and I'm not unsubscribed from all, and yet they've never told me about the Neo, though they did send me an email talking about the event that might have been the one that revealed it.