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...