Whilst I am of the opinion that the original photo is not copyrighted because it was taken by a Monkey.

I would have to question what is the actual photo being distributed? Is it the original work or was it a version that had been edited before being posted online? Can you take a public domain item, alter it and it then become a copyright? If I used it in a logo, does that logo become public domain?

Personally I wish the photographer would use the work to promote himself rather than fighting for royalties.