Some of us consider ALL marketing emails to be "spam", with the sole carve out being if the user consciously and actively opted in.
I have no problem with marketing newsletters existing if people enjoy receiving and reading them. But if you email me without my active solicitation then it's no different than a door to door salesman physically knocking on your door when you don't expect it and don't welcome the interruption.
I will happily concede that legal definitions may differ from my own. But on a personal level, I apply the "Hollywood principle": "Don't call me, I'll call you." If you call me (or email, or knock on my door, or mail me a physical snail-mail letter) and I'm not expecting it, and it is of a commercial nature, it's my definition of spam.