I have always wondered why this was not taken by the DOJ actively without a filing required from tech workers. This incident was widely reported in the media and the law system should have just pre-empted this situation. In the Swartz case, the prosecution pursued even after JSTOR dropped the charges. Why can't the same be done in this case?
If the DOJ takes it over it can easily be a "non-civil" suit. It is "civil" because the tech members decided to file a case. Even if the tech members did not file the case - the DOJ (or any other appropriate organization) should have picked it up to champion fair employment policies. You don't always require a common man to be the plaintiff. The government (or any other appropriate organization) can themselves be the plaintiff just like the Swartz case. This clearly highlights the inconsistencies in the legal system.
That's not what it means. The agreement was that e.g. recruiters from Apple would not actively attempt to recruit Google employees, i.e. solicit them. They couldn't really prevent a Google employee from applying for a job at Apple though if they're the one to initiate it. (What are they going to do, ask "Do you still work at Google, or did you recently quit? Still there? Sorry we can't interview you in that case."?)
Note - there is no version of "active" or "non active" in the statement. It simply says no hiring ex-Palm/Apple employees. I simply see no reason why this should exist. Why should there be a collusion between company X and Y on a legal platform ?