One of test in so called ABC test says "B test requires that the worker performs work that is outside the usual course of the hiring entity’s business" Isn't

One of test in so called ABC test says "B test requires that the worker performs work that is outside the usual course of the hiring entity’s business" Isn't this a bad test in the first place. Let's take game studios, they need contract developers for a game, wouldn't that make them fail the test and make them an employee?