The point of framing the argument in the terms that konstruktor has, is to change the debate from, "Are apes sufficiently like humans to justify giving them rights?" to "Are apes sufficiently different from non-sentient entities to justify treating them differently." And I think this is a much more persuasive argument -- I think humanity is less willing accept freely that apes are equivalent to humans on some level, than they are to say that the act of viewing an ape for enjoyment does not justify locking up something that is clearly more intelligent and self-aware than your average apricot.