Lawyers argue all the time. It's not a legal truth because their chief attorney says so. They are entitled to claim (within reason) as much as anyone else is.
And, of course, they will claim the most favorable definition. In other situations, notably when they are arguing against entrenched transit/transport interests, they "become" a transport company. It's a question of which hat fits the day.
> But just because the test is hard does not mean we will not be able to pass it. In fact, several previous rulings have found that drivers’ work is outside the usual course of Uber’s business, which is serving as a technology platform for several different types of digital marketplaces.
Previous rulings have found his statement to be accurate. So you don't have to take his word for it, you can take a judge's.
