AFAIU, at least as it regards federal copyright law "scope of employment" is usually interpreted very liberally in favor of the employer. I can't speak to Calif

AFAIU, at least as it regards federal copyright law "scope of employment" is usually interpreted very liberally in favor of the employer. I can't speak to California case law, but I suspect that the tolerance Silicon Valley has historically shown to employees walking away w/ their "personal time" projects is more a reflection of the normative business culture than a legal restraint. I wouldn't expect IBM to walk away from WhatsApp the same way Yahoo did if one of their Almaden employees had created it. Twice I've asked an employer for an amendment to the assignment contract to say that only works developed on my own time "with the primary purpose of benefiting the company" were assignable. Though, the second time I was told to f' off; to take it or leave it. Now, California's legal hostility toward non-compete agreements is clear. It's not just because of the statutory law, but also because of precedent. Other jurisdictions could and have interpreted similar language differently (including other states interpreting California statutes, IIRC). That hostility is usually what people refer to, or would mean to refer to it they understood the nuances.