Uber has defended its use of spyware to obtain confidential information on a former competitor in the Australian market. 

Lawyers for Uber argue that the use of the spyware, known as SurfCam, to access and leverage Australian competitor GoCatch's private driver information was lawful, albeit not honourable.

In a Victorian Supreme Court, former rideshare company GoCatch’s founders and investors are seeking hundreds of millions of dollars in damages from Uber, for deliberately scuttling its operations.

Evidence has been presented that Uber’s global bosses approved the use of spyware developed in Sydney for interfering with rivals’ operations.

Uber noted that its spying was made possible by what it deemed insufficient security measures by GoCatch.

John Sheahan, KC, representing Uber, contended that the company's intent in establishing its UberX business in Australia was public benefit, despite acknowledging illegal actions. 

The focus of Uber's legal argument is that their actions were not primarily aimed at GoCatch, which, according to Uber, failed to compete effectively in the broader taxi booking app market.

Uber's methods were described in court as unethical, but also as an exploitation of weak security, rather than outright theft. 

“The metaphor is not a house being burgled because the door was open,” Mr Sheahan said. 

Former Uber Australia head David Rohrsheim reportedly referred to the acquisition of driver details as “kosher” following legal advice.

GoCatch brought evidence suggesting that Uber's aggressive strategies, including launching ridesharing services before they were legally sanctioned, were aimed at undermining GoCatch's then-dominant position in the market. 

This claim is supported by internal communications within Uber, discussing the importance of outpacing GoCatch amidst broader competitive pressures from international rivals.

In a significant admission, Uber acknowledged that its drivers had committed offences by operating without proper authorisation, with Uber entities complicit in these activities. 

This concession has been highlighted by GoCatch as evidence of the deliberate sabotage of its business by Uber.

Uber's defence draws on broader societal changes and challenges in the transportation sector, suggesting a mission aimed at public benefit, despite personal profit motives. 

The hearings continue this week.