I can’t really add much to Techdirt’s opinion on what is and isn’t spam – it is in fact a matter of perception.
But the underlying problem regarding blacklists does deserve some elaboration. When a blacklist adds a record because of just a few complaints, legitimate mailers to legitimate opt-in customers do get hurt. Unfortunately, the everyday Joe has neither the time, inclination, nor skills to manage a personal blacklist (whether it is implemented directly or by their email service provider). The issue deserves additional attention, I’m just not sure who is the right one for the job.