A U.K. film production company and a filmmaker have filed a lawsuit against Netflix for $105 million US following the theft of an unreleased movie starring Nicolas Cage from the streaming service’s Los Angeles offices. The legal action, detailed in documents submitted to a California federal court and obtained by CBC News, describes the incident as a significant setback for “Fortitude,” a Second World War espionage thriller directed by Simon West, known for films like “Con Air” and “The Expendables 2.”
The lawsuit asserts that the stolen copy has jeopardized the commercial potential of the film, making it more challenging to secure distribution due to the risk of online piracy. Writer-producer Simon Afram, along with Op-Fortitude Ltd., claims to have invested over $45 million US in the project.
According to the plaintiffs, a hard drive containing the master screening copy of the film was delivered to Netflix on June 15. Allegedly, the drive was unencrypted, and Netflix was instructed to delete all copies and inform the plaintiffs once the screening was completed. However, after more than a week, Netflix reported that several drives, including the one with “Fortitude,” had been stolen from the premises.
Netflix has denied liability, citing the absence of industry-standard security measures on the drive. The streaming platform stated that typically unreleased content is shared through password-protected links or encrypted digital cinema packages (DCPs). Netflix claims that the film’s producers chose to share an unencrypted DCP and that they promptly informed internal security and the “Fortitude” team upon discovering the drive’s disappearance.
The lawsuit alleges that Netflix withheld crucial information about the investigation, including whether law enforcement was involved. Netflix defended its decision not to disclose details to Afram’s legal representatives, citing what it called “hostile attempts to extort money.” Netflix mentioned taking additional steps to assist, such as offering to monitor piracy websites for unauthorized distribution.
In response to the situation, Afram’s legal counsel stated in an email to CBC News that they are committed to transparency and providing accurate information to their partners.