Rare/ex items do and will get pushed out of the pool, but only by similar items. Mundane items like logs will not, but they will still clog player inventories preventing you from lotting. If there are more then 10 ex items, the first one is auto-dropped. Many such items have been lost to the quirks of the pool already, and they will do so in the future.
Voidwatch would make that situation even more likely with a potential 60 items dropping at the same time.
The only inaccuracy is that the droprate is actually slightly higher, due to the chance of multiple 1% items dropping.
If your example was the norm, noone would object to the current system since anyone that has the desired items wouldn't bother going to fight the NM. And just because an item might drop to someone that actually wants it, doesn't do away with the fact that it's still dropping. It might also have dropped to someone else, which means anyone wanting the item gets the droprate of the group of people not wanting the drop. Some people might just be joining for the heavy metal.