That's the loophole that many of the writers use to publish pre-prints from their own homepages. That did not stop the publishers from suing them:
Public wants new high-quality, available knowledge. Individual researcher are incentivized to publish often and in high impact journals. This in turn leads to both lower quality research (see replication crisis) and preservation of status quo in publishing.
[1] https://www.theguardian.com/science/2017/jun/27/profitable-b...
[2] https://medium.com/flockademic/the-vicious-cycle-of-scholarl...
Tangential: the way she's covered by Western media is such a crying shame.
[1]: https://medium.com/@alexandraborissova/sci-hub-banned-in-rus...