There's no practical difference. If I hire Ben away from you, then protest "he came to us! we didn't poach him!" it matters not one bit to our now shattered relationship.
And how many entry level recruiting employees or their immediate managers do you think even want to have this conversation with someone like Steve Jobs? No single candidate is going to be worth having to defend yourself to the CEO, whether it was unsolicited or not. Practically speaking, these people are going to be the untouchables.