The Recording Industry of America and its technical investigator SafeNet have been caught telling too incompatible stories to different courts.

The RIAA has been trying for two years to avoid handing over evidence in an important anti-piracy case. It has sworn blind to a judge that SafeNet is not an expert and does not use any technical expertise to get the 'evidence' against suspected P2P pirates. It told the Judge that SafeNet can only do what any other Kazaa user does and there was no evidence to be handed over.

However in a case in Michigan, where SafeNet has been sued for engaging in the business of investigation without a license, the company has decided that it is really an expert. Papers turned up in the Michigan case have SafeNet saying it has the same level of expertise as a chemical engineers, surveyors, physicians, geologists, and other expert witnesses who rely on their technical expertise.

According to RecordingIndustryvspeople.com, SafeNet says that its activities are excepted by law, because it is providing testimony in a lawsuit based on factual information gathered by application of technical knowledge.

"SafeNet utilizes technical expertise in gathering factual evidence for use in just the same way as those other professionals, and thus enjoys the same exception," the company said.

That argument will be down the drain if Michigan's Department of Labour and Economic Growth finds out about the company's earlier claim, and if the Lindor court finds out about what they've been saying in Michigan then SafeNet will have some explaining to do.