I agree it can be pretty destructive in a small company, but what about big businesses? They're inefficient anyway, so the lost productivity is not such a big deal over there. Is it morally acceptable to freeload, but only in big businesses?
I don't think it's morally acceptable to freeload, but for big businesses the point is likely moot: The IP agreement they will have had you sign at the start of your job will take away all rights to your on-your-own-time product in any case.
Just because you've signed an IP agreement doesn't mean it's legally enforceable.
Anyone has examples of precedents here?
CA law allows you to own anything developed entirely on your own time with your own materials.
That's if you're free loading. If your work standard never takes a drop, then there should be no problem.
The interesting philosophical issue I find is what if you can freeload and your work doesn't take a drop. Or more provocatively, what if you freeload and your work productivity increases? In this case, it's likely that your abilities could be managed better to more fully extract your potential. Unfortunately this is impossible (or very difficult) for most companies to do.