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No, I'm not comparing an open marketplace or a weak aggregator with the Uber app. The argument of the French court is pretty clear.

Uber pretends to find clients for contractors but treats them like employees due to three proven powers they hold over drivers: the power to give instructions, the power to control the execution, the power to sanction non-compliance with the instructions given.




What do you mean a weak aggregator? eBay sellers have ratings, have their ads ranked and surfaced based on rating and other algorithmic criteria determined by eBay, and sellers must comply with instructions given by eBay w.r.t. listing, selling parameters, payment, contact, delivery, diverting sales off platform, etc., or be deranked, delisted, or kicked off the platform for non-compliance. Literally the same thing, except with goods + services instead of services alone.

Yet sellers are not employees. Your hue and cry that it is different does not compute.

In fact, you see this degree of control or more over participants in every market, forum, or platform operator, Craigslist, Facebook, Google, the list goes on. Just because driving a car seems different does not make it actually different.




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