Brown Jenkin said:Trying not to defend Funksaw too much but if his message was authentic then DTRPG does seem to be sending out not only SPAM but illegal SPAM.
However, there's also this:
(1) AFFIRMATIVE CONSENT- The term `affirmative consent', when used with respect to a commercial electronic mail message, means that--
(A) the recipient expressly consented to receive the message, either in response to a clear and conspicuous request for such consent or at the recipient's own initiative; and
Everyone else managed to see the notice to avoid email, which implies it was "clear and conspicuous". Furthermore, the mail may also fall under the "relationship mail" definition, as it informs a member of a site of services to which he is entitled (more free games).