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Netflix Sued for $105 Million Over Lost Unencrypted Master Copy of Unreleased Nicolas Cage Film
Дата публикации: 03-08-2026 07:56:39
Netflix faces a $105 million lawsuit alleging it lost the only unencrypted copy of the unreleased Nicolas Cage film Fortitude following a theft from its offices.
Thank you for being a Ghacks reader. The post Netflix Sued for $105 Million Over Lost Unencrypted Master Copy of Unreleased Nicolas Cage Film appeared first on gHacks.
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Netflix faces a $105 million lawsuit alleging it lost the only unencrypted copy of the unreleased Nicolas Cage film Fortitude following a theft from its offices.
Op-Fortitude Ltd. and founder Simon Afram filed the suit in the U.S. District Court for the Central District of California on July 29 (case number 2:26-cv-08384), seeking at least $105 million in damages, with additional amounts to be determined at trial. Netflix denies responsibility, stating the film was delivered without industry-standard safeguards.
Netflix states it does not own the rights to Fortitude but has initiated an investigation and offered to monitor piracy sites for unauthorized copies.
How Fortitude Was Made and LostFortitude is a World War II espionage thriller that Afram, a Swiss businessman, wrote, financed, and produced through his company.
According to the lawsuit, Afram spent more than $45 million and over seven years developing the project before bringing it to NetfDirector Simon West, who previously collaborated with Cage on Con Air, filmed Fortitude on 35mm to achieve a period-accurate appearance.
Cage portrays Duško Popov, a real-life World War II double agent believed to have inspired Ian Fleming's James Bond, alongside Ben Kingsley, Ron Perlman, Matthew Goode, Michael Sheen, Alice Eve, and Ed Skrein. The film is based on Operation Fortitude, the Allied deception campaign that misled Nazi Germany about the D-Day invasion location.sion.
The lawsuit states that Netflix requested an unencrypted Digital Cinema Package of Fortitude for executive screening related to a potential acquisition.
Associate producer Daniel Haido hand-delivered the drive to Netflix's Sunset Bronson Studios office in Los Angeles on June 15, and the screening occurred the following day. According to the complaint, Haido instructed Netflix both verbally and in writing to delete the files after the screening.
When the filmmakers attempted to retrieve the drive, the lawsuit claims Netflix did not respond for over a week. On June 25, Netflix executive Sean Berney emailed the filmmakers with the subject line "Stolen DCP," stating, "This is a first for us. Unfortunately, someone stole a good amount of drives from our office desks this past week."
The complaint alleges several drives were stolen, but according to a source familiar with the investigation, only the Fortitude drive contained files; the others were empty.
The complaint further states Netflix declined to confirm whether it filed a police report and refused the filmmakers' request to involve the Los Angeles Police Department. Afram and Op-Fortitude report they filed their own police report independently.
Why the Lawsuit Seeks $105 MillionThe lawsuit contends that an unreleased film's value relies on its exclusivity, as no competing copy exists before release.
"By losing control of the Film, Netflix destroyed that exclusivity and materially, if not completely, impaired the Film's marketability," the complaint states.
The complaint calculates the film's break-even point at roughly 2.5 times its $45 million budget, or about $112.5 million, and cites test screenings that produced an 82 percent top-two-box audience score.
A source cited in the complaint states Netflix typically reviews unreleased films using a password-protected link or an encrypted DCP requiring a separate key delivery message. The complaint alleges these safeguards were not applied to Fortitude, despite Haido's warning that the drive was unprotected.
Netflix disputed responsibility for the loss. "Netflix disputes any claim that it bears the risk of loss for a film delivered without the proper industry-standard safeguards," a spokesperson said.
Netflix added that it does not own the rights to Fortitude but has opened an investigation and offered to monitor piracy sites for unauthorized copies.
Netflix also stated it declined to share details of its investigation with Afram's legal team. Prior to the lawsuit, Afram's attorneys demanded $165 million from Netflix, which the company characterized as a hostile attempt to extort money rather than a good-faith negotiation.
What the Lawsuit Means for Fortitude’s ReleaseAfram and Op-Fortitude report they have paused marketing, international sales discussions, and the film's planned awards campaign, despite interest from several distributors. The lawsuit states any future buyer must be informed that an unencrypted master of the film went missing before its release.
The complaint notes Afram was previously involved in legal action related to Fortitude. In 2023, he sued director Martin Scorsese, alleging Scorsese accepted $500,000 to serve as executive producer but took no action. The parties settled out of court in 2024.
The allegations in the complaint have not been proven in court, and no ruling has been issued regarding Netflix's liability. It remains unconfirmed whether an unauthorized copy of Fortitude has appeared online, whether Netflix filed a police report, or how the court will determine responsibility for a film delivered without encryption. The case is in its early stages, and Netflix has not yet filed a formal response.
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