If you want the ETC then agree (in writing in your petition) to give back the ETH you received as refund.
(but I can 100% bet that you have an excuse for wanting to keep both!)
You're kidding, right?
The FACT that all these ETC opportunist hypocrites have kept & split their respective ETH is what makes the OP's claim valid. I mean come on, folks!
Chances are the white hats would
NEVER want to put the effort if they read some of the crap the OP is posting, but such counterarguments/demands that totally ignore the reality of the situation are as idiotic.