A British production company and a filmmaker have filed a $105 million US lawsuit against Netflix following the theft of an unreleased Nicolas Cage movie from the streaming service’s Los Angeles offices. The legal action characterizes the theft as a significant setback for “Fortitude,” a Second World War espionage thriller directed by Simon West (known for “Con Air” and “The Expendables 2”), according to court documents filed in California federal court and obtained by CBC News.
The film, which is still seeking potential distributors, faces challenges in its commercial viability due to concerns about potential online piracy resulting from the theft. Writer-producer Simon Afram, along with Op-Fortitude Ltd., has reportedly invested over $45 million US in the project, as per court filings.
Allegedly, a hard drive containing a master screening copy of the film was delivered to Netflix on June 15. The drive, which was not encrypted, was supposed to be returned after viewing, with Netflix instructed to delete any copies of the movie from its system. However, after more than a week, Netflix reportedly informed the plaintiffs that the drives, including the one with the “Fortitude” copy, had been stolen from office desks.
Netflix has denied responsibility, citing the lack of “proper industry-standard safeguards” on the drive. The streaming service highlighted that unreleased content is typically shared through encrypted digital cinema packages or password-protected links, whereas the filmmakers opted to share an unencrypted DCP. Upon discovering the missing drive, Netflix claims it promptly notified internal security and the “Fortitude” team.
The lawsuit also alleges that Netflix withheld crucial details about the investigation, such as whether law enforcement was engaged. In response, Netflix stated that it refrained from sharing investigative information with Afram’s legal team due to perceived “hostile attempts to extort money.” Netflix asserted that it offered additional assistance, including monitoring piracy platforms for any unauthorized distribution or sale of the movie.
In a statement provided to CBC News by Afram’s legal representation, he expressed a commitment to transparency, stating, “We believe our partners deserve complete transparency and we are committed to providing you with the truth.”