The loophole that Soros and Icahn used is like being able to say you never cheated on your wife because you did so (cheated on your girlfriend) before the wedding ceremony and not since.
So he buys at 60 knowing he’s already sold at 70. Whereas Icahn sells at 60 because he can sell today rather than at whatever price it will be in 6 months.
The very important point is he agreed the short BEFORE he bought the stock, because the sale from Icahn prohibited him from buying a short position for 6 months. He created a flat position that Icahn was contractually prohibited from creating.