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 offices in Los Angeles. The legal action, detailed in documents submitted to a California federal court and disclosed by CBC News, characterizes the incident as a significant setback for “Fortitude,” a Second World War espionage thriller helmed by director Simon West (“Con Air,” “The Expendables 2”).
The film, which is still in the process of securing potential distributors, has allegedly faced challenges in finding buyers due to concerns about potential online piracy resulting from the theft. Writer-producer Simon Afram, who is listed as a plaintiff alongside Op-Fortitude Ltd., has reportedly invested over $45 million US in the project, as per court filings.
According to the plaintiffs, a hard drive containing a master screening copy of the film was personally delivered to Netflix on June 15. They claim that the drive was not encrypted, and Netflix was instructed to delete any copies of the movie from its system and notify them when the drive was ready for retrieval after viewing.
After more than a week, the plaintiffs assert that Netflix informed them that several drives, including the one holding a copy of “Fortitude,” had been stolen from desks within the office premises. Netflix has stated via email that it disavows responsibility, citing the absence of “proper industry-standard safeguards” on the drive.
While Netflix highlighted that unreleased content is typically shared through password-protected links or encrypted digital cinema packages (DCPs), it noted that the filmmakers opted to share an unencrypted DCP in this case. Upon discovering the missing drive, Netflix claims it promptly alerted its internal security team and the “Fortitude” production crew.
The lawsuit also alleges that Netflix failed to provide crucial details about the investigation, such as whether law enforcement had been contacted. In response, Netflix contended that it refrained from sharing investigative information with Afram’s legal representatives due to what it characterized as “hostile attempts to extort money.”
Netflix asserts that it went the extra mile to assist by offering to “monitor known piracy sites for any unauthorized distribution or sale.” In a statement relayed to CBC News on behalf of Afram by his legal advisors, Afram emphasized their commitment to transparency, stating, “We believe our partners deserve complete transparency and we are committed to providing you with the truth.”
