Like I said, I'm not privy to what their lawyers are using as their defense (I'm guessing you aren't either). On the surface, based on the responses on the forum you linked (which sounds like a bunch of arm chair lawyers to me), it would appear their case is against the drivers and not Uber.
Their lawyers defense isn't really what is gaining them market share, the product is what is gaining them market share.
If their product sucked, then they would be shut down pretty easily. It is legal in SF, NY, etc because people want it there, not because what they did to get into those markets didn't violate laws. Any type of research or knowledge of their business model is going to confirm this.
I'm not sure what is so hard to understand about this. I am pro-Uber, which is obvious to anyone reading this thread.