California's law prohibits employment contracts from assigning copyright to the employer in works they do outside of work hours without employer equipment that doesn't relate to the employer's business, which narrows the scope of your 2(ii) considerably.
I think I'd like to read your treatise. Can you post a link?
The treatise is The Law and Business of Computer Software, published by West Publishing (now a unit of Thomson Reuters). It has another author's name on the second edition, per my contract with the publisher, because I stopped doing the annual updates after 12 years, which also means I no longer get royalties so I have no financial interest in posting the link: http://west.thomson.com/productdetail/175187/13515117/produc...
I think I'd like to read your treatise. Can you post a link?