If I come up to you and show you a photo of an elephant and keep the $100 you gave me to help it, did you get scammed, or did the elephant?

False equivalence. In your straw man, the elephant isn't misled into believing that by posing for a photo it could be "helped," nor is it possible to communicate such an idea to an elephant. In the story, money was raised for the boy's cancer treatment, and that money was improperly withheld, denying him the treatment those funds could have provided. He was harmed by that, and by being misled into thinking he could get treatment by appearing in the video, he was scammed. Lying to the family and stating the funds weren't raised is also scamming them.

But, of course, you know that, but you would rather dig and (try to) play semantic games than admit you are wrong. Do better.