For me it comes down to what Nick has pointed out, that it's obvious that his first option would have been to play for NZ, but because this didn't come quickly enough, he jumped ship in order to play international rugby with Scotland. I don't blame Scotland for selecting him because in all honestly they are lacking in quality wingers. But the Lions aren't really lacking in options.
Ultimately the eligibility criteria is what it is, and as such I don't disprove because of that, but because I think there are players more deserving. Wade and Zebo are two off the top of my head.
Maitland will probably now have an absolute stormer of a series, and no-one will care about any of this.