Earlier quoted context omitted.
Are you saying that the plaintiffs in this case didn't do side projects?
Well, majority of software developers don't do side projects, especially not those in high paid difficult positions. Those people put all strength they have into work itself. Employers don't even care all that much about side projects. So, it is safe bet. This whole thread is stupid red herring. It has nothing to do with reality of working in corporation. It has zero to do with skills required in those high positions…
Indeed, startup founders and great engineers get absorbed in their work and spend time on it.