My understanding is that the slowness comes from program code being removed from memory to free up space, forcing the system to constantly re-read it from disk. I still get the slowness without swap.
Last I looked into this, AIUI, the default in the US is "everything the employee does the employee owns" (damn you wedding photographers!).
So naturally, virtually every tech company contract will have a "work for hire" clause which says "never mind that, everything the employee does the company owns (on or off the clock, in the shower, whatever, it's all ours)".
California adds an extra exception, which is "whatever the employee does (on their own time and equipment) that is 'unrelated to the company's business' is still the employee's." While that may safeguard my oil painting hobby, I'd always be nervous about any programming (game or otherwise) if I work for a tech company...