I suspect Uber will lose this one
Swiss law is about the intent of law, not the letter so Uber is not going to get away with some clever rephrasing of existing law, and Switzerland has an increasing number of fine structures that are means tested (see, for instance, their drink driving penalties) so it may end up being rather painful for them.
There is, however, always the option of deciding not to operate in a country, but I suspect that the more legal cases they lose the more precedent they create for losing even more. Not that I think for one minute that such will prompt them to do the right thing, but it'll be interesting to watch.