Companies like Google are an exception; they pay their engineers so ridiculously much that people are willing to ignore the clause under the assumption that they'll work 2-3 years and quit. Google is also broad enough that they can basically hire passion project employees -- people like tytso who are being paid to spend upwards of 50% of their time working on a side project like the Linux kernel.
If you're a startup or a small company, you do not have enough money to do what Google is doing. You'll attract talent, but you won't attract industry veterans or people who have very wide skill sets, because what your company is doing is not interesting or broad enough to hold their entire attention -- and you're demanding their entire attention, both in and out of work. You're also not in a position to offer anyone like tytso their dream job, because you have a minimum viable product to build with specific requirements. So the industry talent you do have will leave quickly, because in order to do interesting things they'll have to.
I regularly see articles about how to hire good people and keep them, and a lot of them waste time talking about stuff like snacks in the office, or the company culture, or whatever. Very few of them acknowledge that good programmers are good because they like programming, and if you put them in an environment where they can't program without your permission, they'll leave because regardless of how many free sodas you're giving them, they'll still feel smothered. Similarly, the employees that stay will progressively have a harder and harder time keeping up with the industry, because there's no reason at all to explore new technologies when you can't do anything with them.
Take whatever position on the ethics you want, it's absurd to assume that you're going to hire someone who's genuinely passionate, and keep that person around for 10 (or even just 5) years if your company has policies like this. You have to give those people the ability to breathe, or they'll go somewhere else where they feel less strangled.
People look at Google and say, "it's fine, because it works for them." 99% of companies in the world aren't Google, and will not be able to pull this off without suppressing their hire quality and retention.