A British production company and a filmmaker have filed a lawsuit against Netflix for a sum of $105 million US. The legal action stems from the theft of an unreleased Nicolas Cage film from Netflix’s offices in Los Angeles. The lawsuit, filed in a California federal court and obtained by CBC News, emphasizes the impact of the theft on the commercial prospects of “Fortitude,” a Second World War espionage thriller directed by Simon West (known for “Con Air” and “The Expendables 2”).
The film, which is still in search of potential distributors, faces challenges in the aftermath of the theft as it could potentially be pirated online. Court documents reveal that writer-producer Simon Afram and Op-Fortitude Ltd. have collectively invested over $45 million US in the project.
According to the plaintiffs, a hard drive containing a master screening copy of the film was hand-delivered to Netflix on June 15. The drive, lacking encryption, was entrusted to Netflix with instructions to delete any copies and notify when it was ready for pickup post-viewing. However, Netflix later reported that multiple drives, including the one holding “Fortitude,” had been stolen from the office desks.
Netflix has disclaimed responsibility, citing the absence of industry-standard safeguards on the drive. The streaming platform noted that unreleased titles are typically shared through secure means like password-protected links or encrypted digital cinema packages (DCPs). Netflix claims that the filmmakers opted to share an unencrypted DCP, and upon discovering the missing drive, took internal security and “Fortitude” team into confidence.
The lawsuit alleges that Netflix failed to disclose crucial details of the investigation, such as whether authorities were alerted. In response, Netflix asserted that it refrained from sharing investigative specifics due to what it characterized as “hostile attempts to extort money.” Netflix mentioned offering additional support by proposing to monitor piracy platforms for unauthorized distribution.
A statement from Afram, conveyed through his legal representation to CBC News, emphasized the commitment to transparency with their partners. The legal battle between the parties continues as the repercussions of the stolen film unfold.
