[qayxc]

> In practical terms, if your code makes a billion bucks and you only get a regular average salary you could sue the employer and would probably win.

I very much doubt that. Software isn't something that exists in a vacuum and even if you are the sole author of a program, it might contain or be based on trade secrets of the company.

Even if that's not the case, software doesn't generate profit on its own - you still need to sell licences or services based around it. Both of which are equally contributing to any profit a program generates.

Since it's still the employer who bears the entrepreneurial risk, there's a solid argument to be made against winning such a case.