[fizx]

    2870.  (a) Any provision in an employment agreement which provides that 
    an employee shall assign, or offer to assign, any of his or her rights
    in an invention to his or her employer shall not apply to an invention 
    that the employee developed entirely on his or her own time without 
    using the employer's equipment, supplies, facilities ...

"without using the employer's equipment, supplies, facilities"

[ktizo]

Doesn't count. AOL was not his employer.