I know, hence why I pointed out the very important difference between those two things.

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.