Declaration of Gerry Armstrong

I, Gerry Armstrong, declare:

1.   I am making this declaration in support of an online form counter-notification to the claim made by Markus Thoess that I infringed his copyright by publishing a video entitled “Mike Rinder Black PR’s Gerry Armstrong and Graham Berry,” hereinafter referred to as the “subject video.” I published the subject video June 3, 2012 on YouTube, ID: EpKxMplCFL8. The subject video was 1 minute and fifty seconds in length, and consisted of video clips of Mike Rinder being interviewed, which Mr. Thoess created, that totaled one minute and thirty-eight seconds, and a title page of five seconds and a credit page of seven seconds that I created.

2.  My full name is Gerald David Armstrong. I am known as Gerry Armstrong.

3.  My postal address is 2-46298 Yale Road, Chilliwack, BC, V2P 2P6, Canada.

4.   My telephone number is 604-703-1373.

5.   My email address is gerry@gerryarmstrong.org.

6.   My username on my YouTube account is gerryarmstrong.

7.   I will accept service of process from the person, Markus Thoess, who provided YouTube with the original copyright complaint, or from Mr. Thoess’s authorized agent.

8.   I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled. I also believe that the removal or disabling is the result of misidentification that is knowing, willful and consequently bad faith by the copyright holder, Mr. Thoess, which resulted in YouTube’s mistake in believing his relevant representations.

9.  YouTube’s Copyright Notification requires that the claimant state:   “I have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.” Mr. Thoess definitely did authorize me to use the copyrighted work as I used it and when I used it, and, as so authorized, I was permitted by law to so use the copyrighted work, specifically to publish it on YouTube as I did, and as I seek to again do with my counter-notification to Mr. Thoess and YouTube.

10.  Mr. Thoess gave this authorization to me orally and personally in September 2011 at the home of Pastor Thomas and Ute Gandow in Buckau, Germany, where I was then staying. Mr. Thoess came to the Gandows’ home at least two days during that time for the purpose of videoing Pastor Gandow, the home, and me, for a documentary Mr. Thoess was making about the arm of the Scientology cult that contained its intelligence apparatus, known as the “Office of Special Affairs,” or “OSA.” Although I have had several communications with Mr. Thoess since then, both in person and by email, he has never changed nor denied that authorization until his implicit denial of authorization that is a requirement for making a valid copyright infringement claim to YouTube.

11.  At the same time at the Gandows’ home in Buckau, Mr. Thoess also personally handed me a DVD that contained his copyrighted work that I published in the subject video, plus one or two other similar clips of Mike Rinder being interviewed. Mr. Thoess had interviewed Mr. Rinder in Clearwater, Florida in connection with the OSA documentary project for which Mr. Thoess also videoed me. Before handing me the DVD, Mr. Thoess described the content of the video clips on the DVD in considerable detail. When I first viewed the video clips on the DVD, while with the Gandows in their home in Buckau, and a few days after Mr.Thoess initially described them, I observed that the content matched and confirmed his description. Pastor Gandow was present when Mr. Thoess met with me at the Gandows’ home, and when Mr. Thoess communicated with me about the DVD and its content, when he handed me the DVD, and when he authorized me to publish the video clips the DVD contained. Pastor Gandow used and operated a DVD player he possessed in his home to play the video clips for his wife, himself and me, and he handed the DVD back to me after we had viewed the clips. Linked hereto is a true and correct scan of the label side of the DVD that Mr. Thoess had handed me, that I gave Pastor Gandow to play, and which he returned to me. The handwriting in black felt marker on the DVD states, “Mike Rinder [–] for Gerry.” Because of the circumstances when Mr. Thoess handed me the DVD, it was apparent to me that it was his handwriting, or the handwriting of someone directed by him, so I did not bother to question him about whose handwriting it was.

12.  During our conversations at the Gandows’ home, Mr. Thoess stated that I could publish the video clips of Mike Rinder that were on the DVD; in fact Mr. Thoess used the word “publish” to describe what he was authorizing me to do. He very well might have been mentioned publishing the video clips on YouTube specifically, but clearly conveyed the understanding that I was free to publish the video clips on the Internet on any public forum or location where the content would be relevant, such as YouTube. Mr. Thoess requested that I not publish the video clips until after February 2012, and I agreed. I understood when he made that request that he believed that his OSA documentary would air by February 2012, and he did not want me to publish the video clips until after his documentary had aired. I also understood from my conversations with Mr. Thoess that he was authorizing me to publish on the Internet any parts of any of the video clips on the DVD he gave me, or the entirety of any or all of the video clips.

13.  Mr. Thoess’s OSA documentary aired on or about May 15, 2012 on public television channel ARTE in Germany and France. As stated in Paragraph 1 above, I published the subject video on June 3, 2012, which was after February 2012 and after the OSA documentary aired. I believed, and continue to believe, that I was in complete compliance with the letter and spirit or intention of the sole condition for publication that Mr. Thoess communicated to me. The clips of Mr. Thoess’s interview with Mike Rinder that I published in the subject video were not included in the broadcast OSA documentary, but were outtakes. The entirety of the documentary has been published, apparently since May 15, 2012,  as a one hour twenty-nine minutes and thirty seconds video on YouTube entitled “Das Office of Special Affairs – OSA,” ID: v=EaQIH1hawPI. To my knowledge, neither Mr. Thoess nor anyone else has made a copyright infringement claim to YouTube against whoever published the entire OSA documentary on YouTube, and the video has been publicly viewable continuously since it was published. I believe that this fact is an indicator of bad faith by Mr. Thoess in making the copyright infringement claim against me to which I am now responding with my counter-notification and this declaration.

14.  I first met Mr. Thoess in early December 2009 in Hamburg, Germany. I understood beforehand that he was a German filmmaker who wanted to make a documentary about Scientology’s intelligence apparatus OSA, and wanted to interview me. I understood that he had a partnership in this project with Frank Nordhausen, a German journalist that I had known for several years, and who had written books and articles about Scientology. Mr. Thoess told me that he wanted to do a video interview of me at that time to be used to pitch the concept of a film about OSA to obtain financial backing for the project. I agreed to be interviewed for this purpose and submitted to a video interview in a Hamburg hotel that lasted about two hours. I had been posted in Scientology’s intelligence apparatus inside the cult in the 1970’s, and by the time of the interview in Hamburg had been a target and victim of that apparatus for twenty-eight years. Before the Hamburg interview, I had testified over seventy days about my Scientology-related experiences and knowledge in some twenty Scientology-related legal cases, and I had written and executed dozens of declarations or affidavits about my experiences and knowledge. Before the Hamburg interview, I had spoken about my Scientology-related experiences and knowledge at several conferences or gatherings in different countries, I had written and published articles about my experiences and knowledge on different Internet forums, and my wife Caroline Letkeman and I had built and maintained web sites since 2002 that make my experiences and knowledge known and accessible. It was therefore reasonable to me that filmmakers wanting to make a documentary about OSA and its intelligence activities targeting and victimizing people would wish to interview me about my experiences and knowledge in order to sell the project to potential financial backers.

15.  In April 2011, Mr. Thoess emailed me and advised me that he was proceeding with the OSA documentary, signifying that he had successfully sold his project to backers. He wrote that he had learned that I was going to Moscow, Russia in May 2011 to meet and talk to people, and he stated that he wanted to video my meetings and interview the people I would talk to as well. Mr. Thoess did not travel to Russia when I was there, but he hired a Russian crew for his project and sent them to video me in several locations in Moscow, and in Podolsk and Butovo. I estimate that this crew filmed me for ten hours in these different locations. None of the footage of me that Mr. Thoess’s crew shot in Russia was used for his OSA documentary that aired last May, and I consider all that footage outtakes.

16.  In September 2011, Mr. Thoess and a German crew filmed me for approximately three more hours, which included an interview in the Gandows’ home, shots outside their home, and participation in a reenactment of an incident involving an OSA operative that happened in January 2003 in Buckau and on the autobahn to Berlin. See this declaration regarding this incident that I wrote and executed in March 2003: http://www.gerryarmstrong.org/50grand/legal/decl-2003-03-04.html

17.  Of the approximately fifteen hours of video of me that Mr. Thoess or his crews shot in Russia and Germany, he used approximately two minutes and twenty seconds in his OSA documentary. This means that he created approximately fourteen hours fifty-seven minutes and forty seconds of outtakes of me for his project. Of the video that Mr. Thoess or his crews shot of Mr. Rinder, Mr. Thoess used approximately six minutes and twenty seconds. Assuming that Mr. Thoess videoed Mr. Rinder in his project for as many hours as Mr. Thoess videoed me, the one minute and thirty-eight seconds of the Rinder video outtakes that I used in the subject video would comprise .18 percent of the Rinder outtakes. Mr. Rinder was for many years the head of OSA and responsible for crimes and antisocial activities against many people, so it is likely and very reasonable that Mr. Thoess interviewed and videoed him for just as many hours as Mr. Thoess videoed me. Since there are at least sixteen people that Mr. Thoess interviewed and videoed for his OSA documentary, and assuming that he videoed each of them for as many hours as he videoed Mr. Rinder or me, the Rinder outtakes that I used in the subject video would comprise only .011 percent, or eleven one hundred thousanths, of the total OSA documentary outtakes that Mr. Thoess created. My publication of such a miniscule percentage of the body of work that constitutes Mr. Thoess’ OSA documentary outtakes would be legally permissible pursuant to the fair use exception to copyright law, even if Mr. Thoess had not authorized such publication. Since he did authorize my publication of the Rinder video clips as I published them in the subject video, fair use guidelines do not have to be consulted or applied in this matter, unless Mr. Thoess’ false statement denying his authorization is believed.

18.  After my return to Canada from Germany, Mr. Thoess emailed me a number of times asking for documents for use in his OSA documentary, or for evidence to support certain statements I or other interviewees might have made. I obliged him and provided him with the documents he requested if I possessed them or was able to obtain them. I also communicated to him my knowledge of certain additional matters he asked about, and my analysis in certain matters that appeared to be problems for him.

19.  On March 29, 2012, I received an email from Mr. Thoess that stated in relevant part:

Dear protagonists, Dear colleagues,

after two years of hard working finally our documentary about the OFFICE OF SPECIAL AFFAIRS, O.S.A of Scientology is finished.

The world premiere of the film will take place in context of a “Themenabend” on ARTE on 8th of May, 2012.

I would like to thank you warmly also in the name of Frank Nordhausen, DOKFILM and SWR for your help, your cooperation and your obligingness during the whole realisation of this awkward project. First reactions of the Church of Scientology show that the film does not miss its effect.

Unfortunately it was not possible – as usual with such projects – to show all aspects, all people in the film we have taken up. This has many reasons. Nevertheless, all these shots are very important for us. They were background information and they still can be used later in another context.

Thank you, thank you very much again for your help and understanding.

The one of you, who would like to have a DVD of the film, please write a short email and I will send it to you. There will be a version in German / French and a version in English (sound/test version). You also find further information about the project in the next edition of the “ARTE MAGAZINE”, the TV guide from ARTE.

Yours sincerely Markus Thöss

Director Dokfilm

20.  The same day, I emailed Mr. Thoess in reply:

Dear Markus:

Huge congratulations!

I definitely would love a DVD of the film. Will you have it as a download, or will you send by snail mail?

My postal address if you need it:

Gerry Armstrong
#2-46298 Yale Road
Chilliwack, BC V2P 2P6
Canada

I’m very much looking forward to seeing your film. And I wish you great success. If I can help at this point, please let me know.

All the best,

Gerry

I have not yet received the DVD of the film.

21.  The OSA documentary did not air on May 8, 2012 as Mr. Thoess announced but on May 15 as I stated above. On June 3, I published the subject video. On June 4, I emailed Mr. Thoess and stated:

Dear Markus:

Greetings from Chilliwack, BC, or, as we say, from “the Wack.”

Congratulations on your excellent documentary. I understand from Thomas Gandow that you will be airing another version for the German market later this month. I look forward to that.

I’ve now published part of the clip of the Mike Rinder interview that you gave me: http://www.youtube.com/watch?v=EpKxMplCFL8&list=PLBEC18EEC75B3F09C&index=2&feature=plcp

Here’s to great success with your projects.

Gerry & Caroline

I informed Mr. Thoess that I had published part of the clips of the Rinder interview on the DVD that he had given me at the Gandows’ home in September 2011 just because he had given me permission to publish the clips as I did.

22.  On June 6, I received an email from Mr. Markus that stated:

Dear Gerry,

I am having big trouble while working in my new project because of the film you put on youtube. Could you be so kind as to take it out again or at least delete my name from it?

That would be really helpful. Thank you very much in advance!

Hope you are well

Take care

Markus

There is no implication in Mr. Thoess’s email that I improperly possessed the Rinder video clips that I published in the subject video, nor that I infringed his copyright by doing so. The alternate   option that Mr. Thoess gave me of deleting his name from the subject video to resolve the “big trouble” he said he was having, also evidences the fact that I had not infringed his copyright. The the final 7 seconds of the original subject video was a credits page containing text that stated:

CREDITS

Footage provided by Markus Thoess

23.  On June 7, I emailed Mr. Thoess in reply:

Dear Markus:

At other times when we’ve webbed something (even as here with the source’s permission) and then the source, or someone else, has asked us to take it down or edit it, more problems were created than were solved. In this case, the video clip has been copied and appears on various blogs and forums. Here, e.g., on whyweprotest, which has thousands of readers: https://whyweprotest.net/community/threads/irish-anons-infiltrated.103020/page-4

If we edit it, all the youtube subscribers will be notified, which certainly includes Scientology operatives or others who are inimical to us. We are consulting with an expert to see if there is some way an edit can be made – in this case, your name removed – without losing all the comments, and without all the subscribers being alerted.

The clip is valuable for the Scientology v. Armstrong war, and for illustrating the hypocrisy of the “independent” Scientologists toward Graham Berry.

Please tell me who is creating the trouble for you and what the trouble is, so that we can look for a solution that doesn’t make the trouble worse, or make more trouble, for us and for you.

Thanks.

Gerry

When I emailed Mr. Thoess on June 7 I was seeking to avoid the “Streisand effect,” and the trouble that can be caused by attempting to hide or remove a piece of information, in this case from the Internet. I am obviously not now seeking to avoid that effect, but am making public the facts relating to Mr. Thoess’s false, bad faith, threatening and damaging copyright infringement claim.

24.  The “independent” Scientologists are a faction within Scientology that ostensibly are opposed to the leader of “dependent” Scientology David Miscavige, and ostensibly accuse him of wrongly persecuting people, or persecuting the wrong people. In truth, the “independent” Scientologists embrace the same Scientology doctrine of persecution as Mr. Miscavige and his “dependent” Scientologist underlings. This doctrine, which known as the “Suppressive Person” doctrine, or “SP doctrine,” underlies and justifies all Scientologists’ persecution of good people. “Suppressive Persons” or “SPs” are people who tell the truth about Scientology and its founder L. Ron Hubbard, and stand up to the persecution the Scientologists subject them to for telling that truth. Hubbard called that persecution “fair game,” meaning that SPs were legitimate targets for Scientologists to pursue and attack. Hubbard imposed no actual limit and what Scientologists could legitimately do to an SP, including destroying him, ruining him utterly, and just going all the way in and obliterating him. See, e.g., the Wikipedia page for Scientology’s fair game policy and actions: http://en.wikipedia.org/wiki/Fair_Game_%28Scientology%29
The Scientologists publicly declared me to be an SP in early 1982, and have fair gamed or persecuted me as an SP ever since. Along with Caroline, I built and maintain a web site, www.suppressiveperson.org dedicated to exposing and opposing the SP doctrine. For a fuller understanding of the doctrine, and a list of some of the fair game the Scientologists have subjected me to, see, e.g. this article I published some years ago: http://suppressiveperson.org/spdl/index.php?option=com_content&task=view&id=462&Itemid=68

25.   The “independent” Scientologists participate in the persecution of the same class of people, the SP class, that the supposedly “dependent” Scientologists identify as SPs and target for persecution. There is no disagreement between “independent” and “dependent” Scientologists about their real opponents. There is only a superficial disagreement about the application of the SP doctrine to Scientologists who embrace the doctrine. Mike Rinder, who was a leading “dependent” Scientologist for decades and who, as head of OSA, was responsible for fair gaming many people, is now a leader among the “independent” Scientologists. The subject video evidences Mr. Rinder’s unbroken embracement and application of the same antisocial SP doctrine that he used to motivate and justify his antisocial and criminal actions against SPs while a “dependent” Scientologist. It is apparent to me that the “dependent” Scientologists have outsourced certain of their fair game activities against SPs to the “independent” Scientologist faction, and that the “independent” Scientologists receive support for this fair game from non-Scientologists, or “wogs,” who would not necessarily support the “dependent” Scientologists’ fair gaming of SPs. Some of the wogs who support the “independent” Scientologists against their SP targets have been deceived by the “independent” Scientologists’ ostensible opposition to Mr. Miscavige and their self-positioning as his real victims. This is social engineering by pretexting and other intelligence actions. Some wogs, for their own antisocial purposes, knowingly support the Scientologists, either “dependent” or “independent,” in persecuting certain SPs. Scientology has a long, well-known history of hiring wogs, or manipulating or coercing wogs to do much of their dirty work against their SP targets. Mr. Rinder was instrumental in OSA’s recruitment and use of wogs to fair game SPs.

26.  Graham Berry is a California attorney who represented a number of the Scientologists’ fair game victims, and became himself a fair game target and victim. Mr. Berry and I had an attorney-client relationship for a number of years, although he was never an attorney of record for me in any of the Scientology-related cases in which I was a party or witness. Recently, he formed an alliance with the “independent” Scientologists and their supporters and publicized his support for the Scientologists on Internet forums. His actions and statements created a conflict of interest between us that necessitated that I end our attorney-client relationship, which I did on October 1, 2011.

27.  On June 7, Mr. Thoess sent me an email that stated:

Hi Gerry ,

I personally dont care, but many INDEPENDENTS are making trouble.
The problem is, that until August 15th I Need them to TALK with me.
Otherwise a very important Film can not be made.

The are telling everyone that noone should talk to me because I am
a person that is not correct with its protagoinist.

I can not understand this but I see the problems I have now
finishing my project .

regards,

Markus

Mr. Thoess’s assertion that he personally does not care obviously relates to his request that I remove the subject video from YouTube or delete his name from the video. This is further evidence that his claim of copyright infringement, which he made on or about June 12, was made in bad faith. It is clear, however, that Mr. Thoess cared that the “independent” Scientologists were causing him trouble. It is also clear, if he is telling the truth, that someone had informed him that the “independent” Scientologists cared so much about getting the subject video taken down or his name removed that they would act against him to prevent him from finishing his then current project, which he called a very important film.

28. On June 7, I replied by email to Mr. Thoess:

It is not logical, of course, that the Scientologists should have any problem with what Mike Rinder said about me because he spoke the Scientology line that they all agree with. He got the message out that Gerry Armstrong is hallucinating about being fair gamed, and is a “fruitcake.” He got the message out obviously thoughtfully, not a spontaneous or instant reaction to your well-formed and probably sudden question. What he stated is the universal position among Scientologists, so it can be argued that you and I did them all a big favor by my publishing Rinder’s words about me.

It appears that the film you are making (which I assume is a documentary) is only important to the Scientologists if it is controlled by them and communicates their message. It is a common practice among Scientologists to set conditions before they will communicate to the media. But really they cannot expect an independent documentary maker to agree to such conditions or control. What they’re doing is a type of extortion –take down Rinder’s candid words or we won’t communicate with you– which actually renders the product not independent nor a real documentary.

Of course, getting you to get me to take down the video or remove your name would not logically do anything to restore the Scientologists’ confidence, or enable them to talk to you. It would be one more act of fair game, some target on some program, and a stat, but truly irrelevant as to what Scientologists will talk to you or say to you. I am more grateful than ever that you gave me that little video clip, and more glad than ever that I youtubed it.

Rinder knew he was being videoed, and he is media-savvy. It is a common, expected journalistic practice to get a person who is being talked about (me) to respond to or comment about what another interviewee (Rinder) says about him. It’s like Paul Thomas Anderson showing The Master to Tom Cruise (which is a good example you might use to get the Scientologists back on board for your project).

What is happening here could be seen as actually a fascinating development and a journalistic opportunity, which elevates your project’s value, including what the highest OSA personnel are doing now, and how their behavior is the same as before. But perhaps your project has an approved outline or guideline that you are compelled to follow, and which prevents you from changing course.

The resolution of the problem you raise would depend on who the protagonist in your film is and I don’t know that. If it is Rinder, then there should be no trouble, and he would have all the opportunity he could wish for to say whatever he wants and black PR me or his other SP victims to his heart’s content.

It is funny, you’d have to admit, that after all this trouble to both of us, Caroline, plus at least many Scientologists, you haven’t told me one word about the project that you want the Scientologists to talk to you about. But they know so much about your project that they are telling everyone to not talk to you about it. And you have to talk with them about it otherwise a very important film can’t be made. I hope you can see it from my perspective. This is a great movie.

Maybe we should talk about all this.

Gerry

29.  On June 8, Mr. Thoess sent me an email that stated:

Dear Gerry,

at the moment I am doing a film about a mysterios death case in scientiology.
If my credits are gone because you post my name there, nobody in the independet sceene would talk to me.

that ofcourse is a thread to the subject.

At least you should have asked me before you used my name as
“source or credit”

At least I want my name removed. How you can do that, it is your work.

If you dont see this, I am very sorry for the family and others who hope to bring truth out.

Reg Markus

30.  On June 8, I replied by email to Mr. Thoess:

Dear Markus:

Please tell me the name of the person whose death is mysterious. There is no harm in me knowing what you and the Scientologists know. I want to do my part in bringing out the truth for the family and others who hope to bring truth out.

I have a real connection actually to the family at this point, because the “independent” Scientologists, who, you’re saying, know the truth that the family and others hope to have brought out, are refusing to communicate that truth and have that truth brought out until I perform the certain task they demand.

I wish to assure the family and the others who hope to have truth brought out all that I am not the person or even a person who does not want the truth brought out as you imply.

I want you to put me in contact with whoever is instructing you or providing you with the facts you’re alleging: 1. regarding the Scientologists causing trouble, 2. regarding them telling everyone that no one should talk to you, 3. regarding the connection between the threat to your credibility and the Rinder video, 4. regarding my taking it down, or removing the credit to you. I know you are getting your facts and conclusions from someone else.

You say you don’t care, but there is someone who does. This person cares enough to take precipitous actions. This person has apparently communicated to you that the Scientologists care so much that they would prevent the truth from being brought out. I want you to put me in touch with that person, or those persons.

Obviously there could exist a language breakdown between you and me that is making things worse, which is another reason why I should communicate directly to whoever you are getting your facts from.

Perhaps you could also ask your wife to look into our correspondence and the facts in this matter. I recall you mentioning that she is an excellent English speaker who can help you with translations and understanding.

I would have thought that when you said I could publish the Rinder video, you would want me to publish it with a proper attribution as I did. That is virtually always the case with people’s creations that we might publish. Doing so without proper attribution is often considered bad form, and can even create copyright law problems that proper attributions obviate.

Here too, your voice is on the video, your name is on the documentary credits, and Rinder certainly knew you were questioning and recording him. Now all the Scientologists know it. This was not a situation where the video creator’s identity should, or even could be concealed.

You are essentially saying that you have credibility with the Scientologists, and that either my removal of the video or my removal of any credit to you will preserve that credibility. And you are saying that you will lose your credibility with the Scientologists if I do not do one of those things. I have now removed the credit, so whatever credibility you had with the Scientologists is intact.

There is no way actually that you could know that your credibility with the Scientologists would be destroyed, and your ability to communicate with them destroyed, because I attributed the Rinder video to you. You can certainly be told that your credibility with the Scientologists is destroyed for that reason. The Scientologists, of course, are notorious liars about their facts, their intentions, and who or what causes their actions. You of all people know this, or should know this, from your own investigation of Scientology’s intelligence apparatus, operations, personnel, mentality and communications.

Whoever is trying to make me responsible for the truth not being brought out about this mysterious death is engaging in crude black propaganda. I would think that for the sake of your credibility, with people who respect real credibility, you would want to distance yourself from this black PR, rather than preserve your credibility with the people generating it.

In any case, I have removed your name from the video, so please tell me the names of the person who died mysteriously, and the person or persons who care so much about the video and are conveying the Scientologists’ communications about the it and tying it to the truth about the mysterious death being brought out.

Thanks very much in advance.

Sincerely,

Gerry

That Mr. Thoess made his copyright infringement claim to YouTube after I performed what he requested and removed his name from the subject video is further evidence of bad faith. It is also evidence of the pressure the Scientologists and their supporters were putting on him to get him to act in bad faith against my rights and interests, and in fact against his own interests.

31.  On June 8, Mr. Thoess sent me an email that stated:

See at Marty Rathbuns Blog:

BIGGI REICHERT .

Reg Markus

32.  On June 8, I replied by email to Mr. Thoess:

Thank you. I had surmised that the mysterious death was Biggi Reichert. I have been aware of her death for the past few years, and had read Rathbun’s blog and his claim that he was investigating her death. You and I might even have talked about her death because I was aware when we last met of what had been reported about its circumstances.

I also must say that I surmise that your conduit to the Scientologists who supposedly know the truth about that death, and your contact who informed you that the Scientologists were telling everyone not to talk to you because of the apparentness of an amicable relationship with me, is Ursula Caberta. Ms. Caberta doubtlessly has people who provide her with facts and opinions and influence and guide her. There are many powerful, rich people and multiple powerful, rich organizations or agencies that consider me a threat and target.

You will recall telling me when you were filming in Buchau that Ms. Caberta had telephoned you and threatened that she wanted to be removed from your OSA documentary; and that I was somehow the cause of or responsible for her decision. You said you believed that she was drunk when she called you, but it was certainly a threat to deny you the truth that she would bring out to prevent the truth that I might say from being brought out.

Ms. Caberta also black PRed me to both Thomas and Ute Gandow. She pressured Thomas to not go ahead with the talk in Berlin on September 17 last year. In that talk, all I did was bring out the truth about Scientologists’ fair game ops against me, a wog.

Ms. Caberta also forwarded the ridiculous idea that by bringing out the truth about Scientologists Rathbun and Rinder I was impeding the plan she, Rathbun and Graham Berry had to bring down Scientology. I was somehow expected to be quiet about the Scientologists’ fair game ops and their continuing black propaganda without knowing one fact about what this plan is. I still do not know what that plan is, but I believe that actions in relation to that “plan” serve Scientology’s purposes.

Ms. Caberta verbally attacked the Gandows and made a completely false, defamatory accusation about my wife Caroline to them that Ms. Caberta had apparently harbored for years. She has made no effort that I am aware of to correct attacks she made on people who are dear friends of mine.

This charge that I am preventing the truth from being brought about Ms. Reichert’s death (again by telling the truth about Rinder that he tells in his own words) is also ridiculous, more black PR, and fits this pattern of senselessly attacking me. It is even more irresponsible and ugly, because it is the people Ms. Caberta is supporting and connecting to you  – the “independent” Scientologists — who actually have acted to prevent that truth from being brought out.

Why exactly Ms. Caberta hates me and black PRs me when I supported her for so long, I do not know. It makes no sense, but what she has done definitely serves the Scientologists’ malevolent intentions toward me. She seems to have embraced the idea, which all Scientologists and their supporters share, that I should not defend myself against their black PR or threats. I believe that the truth should be brought out about this for everyone.

If it is not Ms. Caberta who is your conduit to the Scientologists and is feeding you black PR about me at this time, please tell me who it is. This truth should also be brought out for everyone.

If it is Ms. Caberta, please urge her to contact me and to correct the black PR she has been disseminating about me. If it is not Ms. Caberta, then please have the person who is attempting to make me responsible for the truth not being brought out about Biggi Reichert’s tragic death contact me and correct this very wrong and troubling black PR.

Best regards,

Gerry

Mr. Thoess did not reply to this email, and I have not had any communication from him since his June 8 email in which he identified the person who died the mysterious death as Biggi Reichert, until I received YouTube’s notification on June 12 that he had made a copyright infringement claim against me.

33.  Mark “Marty” Rathbun was for many years Mr. Miscavige’s lieutenant and enforcer, organizationally over top of OSA, and a key participant in an ongoing criminal conspiracy against people’s rights and the deprivation of rights under color of law. He was responsible for fair game against many SPs including me. He is now the leader of the “independent” Scientologists. He publicly claimed in 2009 that he is now helping people in my position, whom the Scientologists have victimized, and I have written him several letters requesting his help to correct injustices that he perpetrated against me. See, e.g.,
http://www.gerryarmstrong.org/archives/3304
http://www.gerryarmstrong.org/archives/4306
http://www.gerryarmstrong.org/archives/4235
http://www.gerryarmstrong.org/archives/4490
I am certain that if Mr. Rathbun told the truth about the lies the Scientologists have manufactured and disseminated  about me and the fair game, including crimes, against me that he knows about, those injustices, which are ongoing, could be ended. I am also certain that he has not come forward and not told the truth about these matters because he wants those injustices to continue. While refusing to tell the truth, he has continued to attack me and encouraged other “independent” Scientologists to attack me. A video that was made of the talk I gave in Berlin on September 17, 2011 about Mr. Rathbun and Mr. Rinder’s fair gaming of me is on YouTube at:
http://www.youtube.com/watch?feature=player_embedded&v=D6XCXPx9yoQ

34. Mr. Rathbun’s blog about Biggi Reichert’s death is at:
http://markrathbun.wordpress.com/2011/09/24/the-strange-case-of-biggi-reichert/
My publication of this declaration in support of my effort to get YouTube to restore the subject video that was wrongly removed will bring more public attention to Ms. Reichert’s death. Hopefully, that public attention will pressure the Scientologists, who apparently know the truth about her death but are apparently being told to withhold that truth unless my rights are violated and the subject video suppressed, to come forward and tell what they know. This is the best way I know of, as I informed Mr. Thoess, to do my part in bringing out the truth for Ms. Reichert’s  family and for anyone else who hopes that the truth be brought out.

35. On June 10, I called Thomas Gandow and spoke with him about the situation as I understood it then involving Mr. Thoess, the subject video and me. Pastor Gandow told me that Mr. Thoess had called him on June 7 and asked him to call me to get me to take down the subject video or remove Mr. Thoess’s name, but that Pastor Gandow had been unable to call. I told him that I had already removed Mr. Thoess’s name, and that Mr. Thoess could tell the Scientologists that he had pressured me to remove his name and so regain the credibility with them that he wanted. Pastor Gandow told me that Mr. Thoess had confirmed that Ursula Caberta was the person who was informing Mr. Thoess that the Scientologists were telling everyone not to talk to him because of the Rinder video, and who was pressuring Mr. Thoess to act against me regarding the video. I do not know if Pastor Gandow subsequently communicated to Mr. Thoess.

36.  On or about June 12, Mr. Thoess made his copyright infringement claim, and on June 12, and in order to confirm that he, and not someone else, actually made the claim I sent him an email that stated:

Dear Markus:

Attached is a screen shot of a YouTube notification that you, or someone else using your name, made a copyright infringement claim in order to get the Rinder video clip taken down.

Please confirm or deny that you made this claim. Obviously, as you know, it is not beyond what the Scientologists and their supporters who wish me harm would do.

If you did not make the claim, please advise YouTube of this fact so that the video can be put back up, and we can take steps to find out who did make the claim.

If you did make the claim to YouTube, I will have to respond because, of course, you gave me permission, and I did what you asked of me, waiting until after February this year to publish the clip, and removing your name as source.

On WhyWeProtest, the text on the screen where the video had been posted states:

“Mike Rinder black PRs Gerry…”

This video is no longer available due to a

copyright claim by Markus Thoess.

https://whyweprotest.net/community/threads/irish-anons-infiltrated.103020/page-4#post-2126764

So what you originally sought — to have your name removed as source of the video — has now been defeated.
Your permission is evidenced in the correspondence between you and me regarding this matter, and I would include this in a counter-notification to YouTube.

Obviously I hope that the copyright claim was not from you because, given your prior permission and my performance of your requests, the claim would have been made in bad faith.

Please note that there may be severe legal consequences for filing a false or bad-faith notice”

Obviously too, I must do what is necessary to clear my name publicly because, since I unquestionably had your permission, the copyright infringement claim is false.

Action on my part is also necessary in order to remove the threat to my entire YouTube account that the copyright infringement claim has caused.

I received no notification from you that you intended to make such a claim, and it would be reneging on our understanding, which would seem out of character for you.

Please let me know right away if you made the claim or not.

Sincerely,

Gerry

Linked hereto is a true and correct screen shot of the YouTube copyright infringement notification. As of this date, Mr. Thoess has not replied to this email, and he has not withdrawn his copyright infringement claim against me.

37.  Ursula Caberta is an official in the Hamburg State Government. See, e.g., http://en.wikipedia.org/wiki/Ursula_Caberta I have known her since 1997 and have supported her mission, which she has stated includes helping the Scientologists’ victims. I believe that whatever she has said to denigrate me to Mr. Thoess, or to anyone else, and whatever she has said or done to cause or pressure Mr. Thoess to act in bad faith against me, including by making his copyright infringement claim against me, is improper, tortious and quite possibly unlawful in Germany. I believe that her words and actions to denigrate me to anyone, to deprive me of any rights or support, or to make me responsible in any way for the truth not being brought out about Ms. Reichert’s tragic death, serves the Scientologists’ purposes toward me, an individual who has been their fair game victim for over thirty years.

38.  I received no remuneration from Mr. Thoess or anyone else for my contributions to his OSA documentary project, other than the DVD he gave me that contained the video clips of Mr. Rinder defaming me and denigrating Graham Berry, who was then my attorney. I submitted to hours of videoed interviews and establishing shots, which are never fun or pleasant. I provided Mr. Thoess with good facts; authentic, high quality documents; and intelligent usable dialogue; and supported his project in every way I could. I did all this while knowing that I was putting myself at risk of more attacks from the Scientologists. It was altogether reasonable that Mr. Thoess would extend to me the small courtesy of providing me the Rinder clips and authorizing me to publish them when and as I did. In the circumstances, it would have been unreasonable if Mr. Thoess would not extend to me that courtesy. It shocked me that Mr. Thoess would attempt as he did to pressure me to take down the subject video or remove his name from the video. It shocked me even more deeply that Mr. Thoess would then falsely claim that he had not authorized me to publish the Rinder video clips in order to make his copyright infringement claim and cause me harm. That I was at risk in participating in his project is confirmed not just by the Scientologists’ actions, but, ironically and sadly, by Ms. Caberta’s attacks on me and my friends, and by Mr. Thoess’s bad faith actions, which smack of entrapment.

39.  I have known Mike Rinder since the early 1970s, when we were both on the Scientology ship “Apollo” together. After I left the Scientology cult, Mr. Rinder, under L. Ron Hubbard, David Miscavige and Marty Rathbun, was responsible for years of covert intelligence operations against me to entrap me and destroy me, and overt attacks to crush me. See, e.g., these declarations concerning the 1984 “Armstrong Operation,” in which Mr. Rinder played the same fake role that he plays now: a Scientologist supposedly opposed to Mr. Miscavige, and wanting to reform Scientology.
http://www.gerryarmstrong.org/50grand/legal/decl-1994-02-20.html
http://www.gerryarmstrong.org/50grand/legal/decl-1994-02-22.html
Mr. Rinder participated in framing me with crimes and sought multiple times to have me prosecuted on false criminal charges, with police departments, district attorneys, the FBI, and foreign governments and agencies. He generated and disseminated a continuous and global stream of what Scientologists call “black propaganda” or “black PR,” consisting of knowing innuendo, bald-faced lies and perversities intended to destroy my reputation, image, credibility, relationships, opportunities, livelihood and life. See, e.g., http://www.gerryarmstrong.org/50grand/cult/rinder-ltr-1994-05-09.html
He black PRed and got others to black PR me to Scientologists, to my friends, to media, clergy, police, judges, officials right up to the tops of national governments, and to anyone anywhere he could reach with his Scientology-motivated hatred for me. He threatened my friends and caused a number of them to desert me or turn against me. See, e.g. http://www.gerryarmstrong.org/50grand/writings/michael-douglas.html
Mr. Rinder participated in intelligence and black PR operations and legal abuses to ruin my attorneys Michael Flynn and Ford Greene and destroy my relationships with them. On the subject video, Mr. Rinder black PRs my then attorney Graham Berry to Mr. Thoess. Mr. Rinder used the US court system to unlawfully ruin me financially and drive me into bankruptcy. He helped write pages of black propaganda on me that he and Mr. Rathbun submitted to the IRS to obtain the 1993 tax exemption for Scientology and its various front groups. See,
http://www.gerryarmstrong.org/50grand/cult/irs/index.html
As an “independent” Scientologist, Mr. Rinder has shown no remorse or responsibility for his fair game activities as a “dependent” Scientologist.

40.  Mr. Rinder’s words on the subject video are evidence of the continuation of his decades-long pattern of black PRing me, and my attorneys. His words show that he is still part of the conspiracy against my rights, which is Scientology-wide, involving both the “dependent” and “independent” Scientologist factions. His words on the subject video that I am now “seeing things” show that I am not “seeing things.” The subject video has also now become evidence in Mr. Thoess’s bad faith copyright infringement claim, and in the actions of the Scientologists, Ms. Caberta and possibly others to extort from Mr. Thoess his bad faith conduct toward me. By the willful actions of the Scientologists, Ms. Caberta, Mr. Thoess and possibly others, the subject video has now been linked forever to the mysterious death of Biggi Reichert. The conspiracy and actions by the Scientologists, Ms. Caberta, Mr. Thoess and possibly others to suppress the subject video constitute the latest act of fair game against me in over thirty years of fair game. Ms. Reichert’s death, fair game by the Scientologists and their supporters, Mr. Rinder’s participation in fair game against me, Mr. Thoess’s OSA documentary, Ms. Caberta’s support for the Scientologists to the detriment of their victims, and the collusion between the “dependent” and “independent” Scientologist factions are all existing international public controversies. Even if Mr. Thoess had not given me the DVD containing the Rinder video clips, even if Mr. Thoess had not authorized me to publish those clips, even if some third party had given me the clips, or even if I had purloined them, I had and have a fair use right to publish the subject video containing those clips. But Mr. Thoess did give me the DVD containing the video clips and did authorize me to publish those clips as I did, and his copyright infringement claim is made in bad faith.

I declare under the penalty of perjury pursuant to the laws of Canada, Germany and the United States that the foregoing is true and correct.

Executed this 16th day of June 2012 in Chilliwack, B.C., Canada.


___________________________________
Gerry Armstrong

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