I agree with Feline. The top spike looks a little bit 'wrong' somehow, like it has (albeit quite skillfully) been photoshopped on there.
Plus, it does look bloody dangerous. Look at that top spike again and tell me it isn't a lawsuit just waiting to happen! And, while we're at it, take a look at the pics of the dude from Necrophagist, and note the lack of an upper spike.
If I were feeling very suspicious, I'd be tempted to say that the guitar in the live pic could be a Jackson Warrior with an Ibanez neck.