A film producer is suing Netflix for at least $105 million after a hard drive containing an unreleased Nicolas Cage World War II thriller was stolen from the streaming company’s Los Angeles office, according to a lawsuit filed this week.
Producer Simon Afram and his company Op-Fortitude allege that an unencrypted master copy of the $45 million film Fortitude was hand-delivered to Netflix in mid-June at the company’s request for an internal screening. The filmmakers say they instructed Netflix to delete the files afterward and return the drive.
Nine days later, a Netflix executive emailed to report that “someone stole a good amount of drives from our office desks this past week,” including the one holding Fortitude, the complaint states. The lawsuit claims the theft has destroyed the film’s commercial value, as potential distributors would be reluctant to acquire a project that could surface on piracy sites, jeopardizing any future sale, international release and awards campaign.
Afram, who invested more than $45 million of his own money over seven years to complete the project directed by Simon West and starring Cage and Ben Kingsley, argues Netflix failed to secure the unencrypted drive properly. The suit also alleges the company was initially unclear about whether a police report had been filed and later declined the filmmakers’ request to involve the Los Angeles Police Department.
In a statement, Netflix said it “disputes any claim that it bears the risk of loss for a film delivered without the proper industry-standard safeguards.” The company noted it does not own the rights to Fortitude, takes content security seriously, has conducted an investigation and is monitoring piracy websites for any unauthorized distribution.
The lawsuit, filed in California federal court, seeks damages of at least $105 million plus other amounts to be proven at trial.
