There's a bright, clear line between targeted attempts to hire someone who has a job working for a competitor, and trying to get that person to take confidential information with them when they switch jobs. The latter is wrong and will rightfully result in legal action. The former is perfectly fine, and good for employees, which I'd wager still includes most of this site's audience despite the startup-founder focus.
Remember, employers don't own the people who work for them. They cannot be "poached." They can only be given a better offer. If your employee decides they'd be better off working for your competitor instead, then you have only yourself to blame for not giving them enough incentive to stay. Either up your game, or give them a friendly goodbye.
I wouldn't describe this as "poaching." What OpenAI is accused of doing is industrial espionage and IP theft. It did this as part of hiring somebody away from another company, which is commonly (and IMO incorrectly) described as "poaching." But the problem isn't the "poaching," it's the theft. If they'd "poached" without the theft it would be fine. If they'd found a way to steal IP without hiring anyone it would still be bad.