Right, but now they're no longer a marketplace, now the're the one assigning the driver...which makes the driver their agent. And if the driver is their agent,

Right, but now they're no longer a marketplace, now the're the one assigning the driver...which makes the driver their agent. And if the driver is their agent, it matters whether the driver is classified as an employee or independent contractor. If Uber wants to be a transportation marketplace, they can be, but they actually have to act like one. (And in fact, in CA they've been run a small trial in the Bay Area to make that shift. The trial will supposedly be expanded to all of CA this year.)