Earlier quoted context omitted.
Let's be clear who's being "pirated" from. Elsevier and Springer don't pay for the research, or for the rights to the paper, or even the peer review. The only compensation they're giving anyone is "exposure". Given how little that is worth these days, the validity of the copyright assignments they hold are questionable at best.
I believe what was being referred to is the legal standpoint. The paid journals are an absurdity, but there is only one right course of action: Not using them. Submit no content, pay no subscriptions. Let them whither and die. With more and more universities joining in on open access, this should become easier and easier. However, they still legally hold the rights to what they have, and thus releasing their content…
The real foul is when the government enforces immoral laws.