The whole reason why I don't classify them as victims is because they were very likely doing their own tampering because all teams do, just not blatantly. The point is that the NFL doesn't care very much about tampering right before the FA window because they know all teams do it, hence the slap on the wrist.
You can tell what the NFL does not want teams doing by their big fines / suspensions - they came down hard on the Dolphins for tampering with Payton & Brady who were both under contract with other teams despite being retired, and they give out drastic suspensions for players who gamble on NFL games. They want absolutely none of that and make examples out of rule-breakers, but they don't care much about tampering on players who are about to be free agents.
Even if tampering was not a thing, Kirk still would have hit the market and then gotten the ridiculous offer from Atlanta. Stopping pre-FA tampering would only push all of the signings back a couple days, since players usually wait until they see what other teams offer them to properly gauge their market.