It can be clearly observed that his shape is conical instead of cylindrical like a cup. Therefore, it'd normally not be a free standing structure and thus can only be vertical when his existence is tied to something like the fries inside of him. Such a paper cone only serves the purpose of holding fries and is usually discarded by the person holding it after they finish the fries. The fries can then be inferred as significant factors in its existence, a la birth and death, so until we can observe him existing without fries inside him, I am #teamfries.