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It is to do with copyright infringement and while I was unaware the image I used was copyright, I used it on the advertising pages of a large third party website. I advertise with the third party website and while what I put on their website is my responsibility, the owner of the copyright I infringed initiated direct contact with me to make a claim for damages and threaten legal proceedings. He is now denying this claiming he contacted the third party only and they must have contacted me stating categorically he did not initiate direct contact with me which is untrue. I am now suspicious he knows he has done something unlawful.
I have read a number of website forums relating to the same subject and issues, including justanswer on 6/19/2009 which refers very much to what I have outlined and the 'expert' implies '' It is a criminal offence under Section 40 of the Administration of Justice Act 1970 and Section 1 of the Malicious Communications Act 1988 to harass debtors with a view to obtaining payment including the issue of letters which convey a threat or false information with intent to cause distress or anxiety'' in what context would this be applied in defense of a civil claim - hense my original question.
Why do you ask, does it matter as the act states 'a threat or false information... with the intent to cause distress or anxiety'. Is there any similar act in scots law which covers same intent when initiating contact? Appreciate some guidance if possible
I dont wish to elaborate any further but to conclude I would appreciate if you could confirm or not my question on, are there Scotland Acts similar to those in England and Wales to Administration of Justice Act 1970 and the Malicious Communications Act 1988? Please if yes can you refer to them. Thank You