[SilasX]

It doesn't sound like you're disputing my core point, that he's

- trying to benefit (financially) from the unrebutted presumption that the picture shows the monkey's self-awareness and understanding that it's taking a selfie

while also

- trying to benefit (in the courts) from the diametrically opposite position that the picture shows no such thing because of how staged it is.

Thus, "trying to have it both ways".

If your point is just that I shouldn't have represented the subtext of his marketing as an actual quote, while it's okay to do that for the argument he made in the courts ... sure, point conceded.