How is timing not selection? And it's still being captured mechanically.

Notice also that many cameras these days will take many shots in rapid succession (http://en.wikipedia.org/wiki/Burst_mode_%28photography%29)

The difference is in the action of the person, not in the method of the machine.

And a photo is different from a video in the timing factor.

BTW Copyright laws are impossible to mathematically define - they always have a subjective factor: Does this seem creative or not?

I don't think there is a meaningful difference in the action of the person.

And damned straight this seems creative. At least as creative as a typical snapshot. Do you disagree?