Said author is entirely free to not enter into it in the first place, of course.
In some fields it's not that free. The choice between publishing in a high-impact Elsevier journal or a low-impact journal with acceptable terms is not really a choice if you want to have a career in science.
Many choices, in fact. Including & not limited to: raising awareness of Elsevier's reprehensible practices, writing blogs, commenting on online forums. Lobbying various institutions. Not signing an explicit contract with Elsevier? Definitely a choice.
"Society made me do it" is always a pathetic excuse.
In some fields it's not that free. The choice between publishing in a high-impact Elsevier journal or a low-impact journal with acceptable terms is not really a choice if you want to have a career in science.