Who owns my code?

I got quite worried about this little article, which (amongst other ubiquitous arguments about open source software quality) talks about the rights of employers to their employees' out-of-hours hobby productions.

The only real reference I can find to this actually being case law is this nice Word document which says that (in "Missing Link Software vs. Magee) :

a computer programme written by an employee outside of working time and on his own equipment was made in the course of his employment because it was arguable that writing such programmes fell within the scope of the tasks he was employed to carry out. Now... I might be a writer writing copy for a newspaper, magazine, or something, but when I write poetry in my spare time then its still my poetry. Even if the subject matter is related to my work! I'd be grateful to anyone who can dig up some more concrete information about this case, as I can't find any online anywhere. (Despite it being a matter of public record, surely?)Steve says that his old Ts & Cs specifically exempt open source software from this, but I'm not so sure about mine...

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