Netflix Fortitude lawsuit claims stolen drive put $45M film at risk

A Netflix Fortitude lawsuit filed Wednesday claims the company lost an unencrypted drive containing the unreleased Nicolas Cage film after it was taken from Netflix offices, putting a $45 million production at risk of piracy before any distribution sale. Op-Fortitude and filmmaker-financier Simon Afram are seeking at least $112.5 million in revenue-based damages, plus other damages, according to the complaint.

The dispute is a content-security fight with direct commercial consequences. Afram says he financed Fortitude himself and intended to sell first rights to the highest bidder after giving Netflix the first look. The complaint says the film had not yet been shown to agencies and that worldwide rights remained available when Netflix received the screener.

Netflix denies responsibility. In a statement to Ars Technica, a Netflix spokesperson said the company does not own rights to Fortitude and disputed that it should bear the loss for a film delivered without what Netflix called standard security safeguards. The spokesperson said the other missing drives held no content and alleged that only the Fortitude drive was accessible because the production company failed to encrypt it.

What happened to the Fortitude screener at Netflix?

According to the complaint, Netflix instructed Op-Fortitude to provide an unlocked screener so Netflix could test the file and prepare for a screening. Op-Fortitude says it also asked Netflix to delete any transferred files after the viewing and return the drive promptly.

The production company alleges Netflix did not return the drive despite repeated requests. After more than a week, a Netflix film executive told a representative that multiple drives had been taken from office desks, according to the complaint. Op-Fortitude says Netflix had known for days, possibly a full week, before disclosing the theft.

The complaint argues Netflix knew the drive was not encrypted and still left it in an unsecured place instead of using basic controls such as locked storage, monitoring, assigned custody or a tracked chain of possession. Netflix, by contrast, says the central failure was the lack of encryption before delivery.

Afram and Op-Fortitude also accuse Netflix of withholding information about its investigation. The complaint says the plaintiffs have not been able to confirm whether a police report was filed and alleges Netflix refused a request to involve the Los Angeles Police Department. Netflix told Ars Technica that it stopped sharing information with Afram’s lawyers after what it described as hostile attempts to extract money, including a demand for $165 million.

Fortitude is described in the complaint as a World War II spy film about double agents setting a trap for Adolf Hitler. The film was directed by Simon West and stars Nicolas Cage and Sir Ben Kingsley. Afram says he spent seven years bringing the project together and shot it on 35-millimeter film to match the period setting.

The legal fight now turns on risk allocation in a high-value screener handoff: whether Netflix had a duty to secure and return the physical drive after requesting an unlocked copy, or whether Op-Fortitude assumed the key risk by delivering a film without encryption. Neither side has said that Fortitude has appeared online.

This story draws on original reporting from Ars Technica.