I thought so..
This has been very much discussed in various posts here and actually I just talked about this today at modx IRC channel. Semantically thinking it’s borderline case. Those pictures are tabular data, so they can be in a table, but there is a conversion of MaxiGallery somewhere in these forums that uses divs. Search for it.
In the next version, you can wrap the pictures in to any elements you want, but until that arrives, I blame legacy code
And for a future reference, if the version number starts with zero, don’t expect it to be perfect.