[camgunz]

If it's a direct competition, I can see how that makes sense. But your argument is essentially that no one can take side work. Salaried photographers can't work a wedding; illustrators can't help with a friend's book; SWEs can't write a script for a friend.

There has to be a limit, and it seems like the limit that makes sense is: you did this on company time using company resources.

[mimixco]

No, the limit is does your business create or use intellectual property that is also a line of business of the company. This is how its actually handled in contracts with people who perform this kind of work.

A photographer who works in commercial ad photos and shoots weddings on the side does not compete with his employer. If he did ad shots on the side, he would. If the illustrator publishes books and helps a friend with a book (for money) that isn't published by that company, you're in a grey area. If your friend is Microsoft and Apple pays you, no grey area.

[camgunz]

Well, isn't it all a grey area though? What if the photographer's ad company is Christian, and she shoots a gay wedding? What if the SWE's work at Apple is on a product Microsoft doesn't compete with? What if the illustrator's friend's book is so low-circulation their company wouldn't illustrate it? What if the friend owed the illustrator a favor and wanted to give them some exposure, and would never have contracted the illustrator's company?

I mean, either we're talking "might makes right" and your employer just bulldozes you with "our army of lawyers defines what the grey area is", or the line is "you can't use our resources for your personal gain". I think those are really the only two options here.