I have received a reply from Alicia Wise of Elsevier to my assertion that Elsevier was asserting copyright and charging readers illegally
As noted in the comment thread to your blog back in August we are improving the clarity of our OA license labelling (eg on ScienceDirect) and metadata feeds (eg to Rightslink). This is work in progress and should be completed by summer. I am working with the internal team to get a more clear understanding of the detailed plan and key milestones, and will tweet about these in due course.
With kind wishes,
Dr Alicia Wise
Director of Access and Policy
Thank you for your reply.You therefore confirm that Elsevier will for several more months despite being alerted to the possible illegality* continue to assert rights over CC-BY work* will continue to ask Rightslink to collect money for "permissions" which it has no right to* require re-users to "request permissions" when it has no authority to do so.I would suspect that this is a prima facie breach of trading regulations.
It seems clear that Elsevier knows its actions are wrong and doesn't care. NOTE THAT DURING THIS TIME ELSEVIER WILL CONTINUE TO COLLECT MONEY TO WHICH IT HAS NO RIGHT. My suggestion to funders , universities (on behalf or authors and readers) is take legal action against Elsevier for various breaches of contract.