I think you're being too generous. Multiple executives from non-cooperating firms warned Steve Jobs in e-mails that the non-poaching agreements he was asking for were illegal.
Non-poaching, non-solicitation and their cousins are awful for the employee, the industry and future employers. People are not commodities to contract over, and the egregiously pompous executive negotiations will earn fierce punishment from a jury or judge if this doesn't settle.
The job market in silicon valley is very favorable to tech workers. A typical college grad could start applying tomorrow and have multiple offers by the end of the week. Someone with a few years at a top-tier company on their resume could probably get an offer directly after the interviews conclude. This is what hiring managers mean by "tech worker shortage": if you can write code, you can get a good job on a very tight schedule.
Don't answer your phone. You're advocating a market where people cannot be recruited because you're happy with your current job. It's selfish.
I think tech companies will have to take a lesson from this case and reexamine some of their approaches to dealing with engineers. Tech more so than many other industries seems incestuous in terms of how companies deal with the labor pool. This can result in policies that open these companies up to liability under antitrust as well as discrimination laws.