How hard is it to nullify a publisher's copyright claim (which has been consented by the authors), based on the fact that they do none of the work, thus indirectly appropriating public money?
I'm proud to have done something similar to this. I knew I was going to have to sign over the publication rights to my dissertation. Before I did that, I published the approved, and signed off "final draft" to the Internet Archive with an open license. (I hadn't heard of Aaron or the Guerrilla Open Access Manifesto at the time.)
So you lobby for an abolishment of the copyright laws - interesting idea...
Indeed: It is quite impossible to claim that "what Elsevier does should be illegal" and not standing up for an abolishment of the existing copyright laws.
On the other hand: The copyleft free software licenses currently only work because of the copyright laws. Keep that in mind...
As you can see, your simple statement has deep consequences. I personally rather think, what many academics do, should be illegal. Here the consequences are far less radical...
> So you lobby for an abolishment of the copyright laws
EDIT: to agree and amplify your comment:
In this case the copyright is dubious in the first place. Authors who work with public money should not have exclusive copyrights of the work they produce within this arrangement.