I’m not sure if your comment is meant to defend the practices of the companies I’m referring to - maybe you work at one of these spam houses, I won’t judge - but frankly, I don’t care what the definition of CAN-SPAM is. Clearly everyone thinks they CAN-SPAM me and I’ve never heard of anyone actually being fined under any anti-spam law except at the highest, most absurdly industrial volumes of spam.
If my email is public because it’s in a Git commit or a Gravatar or even an intentionally public “email” field in my profile, that is not consent to send me unsolicited, automated messages followed by a multi-day campaign of emails guilt-tripping me for not responding to the first one. Maybe they have an unsubscribe link at the bottom. I don’t know, because I don’t open unsolicited emails that may contain malicious zero-days targeting my device. But if they do include the unsubscribe link, it doesn’t make me think any better of them and it doesn’t absolve them of any moral wrong-doing.
If you’re a founder or employee of a company that revolves around sending automated emails to non-customers, just be aware that your target market is a group of self-anointed “hustlers” who send unsolicited email messages to people who slowly grow to rightfully despise them. If your “marketing database” is a scraped list of emails, you should delete it and shut down the company. In the future, consider using your skills to work on problems that have a positive impact on the world.