One thing's for sure, this is turning out to be a real PR disaster for Nokia. The sheer arrogance of the "official" reply quoted in this thread just makes things worse. Are they that stupid that they cannot see their insistence on continuing this practice just makes anyone who has already abandoned their products more resolute than ever never to touch Nokia again? And to actively spread the word to discourage others from making the same mistake?
This idea of dissuading the corporate machine will not work.
Quite possibly a violation of Cal. Bus. & Prof. Code § 17529 unless Nokia can convince the courts that they have an ongoing business relationship with the user. The fact that there is a cost to opt-out would certainly not sit well with any jury. Courts have already found that text messaging qualifies under either or both email or telephone delivery.
For me, the solution would be something like Mer, with working drivers for all hardware before the end of 2010. I do not know if this would require nothing from Nokia or far more than they are willing to consider. By Mer, I mean basically open source OS with the interface to any binary blobs that can't be avoided documented. I did not attach conditions on how to use my money and I do not spy on them. I expect to be able to use my device as I see fit and not be spied on or pay for "services" I do not need and do not want.