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A producer has filed a lawsuit against Netflix, claiming the streaming giant lost an unreleased Nicolas Cage film and is seeking damages exceeding $105 million.
Simon Afram, who personally invested over $45 million in the World War II-themed movie “Fortitude,” alleges in the suit that Netflix’s mishandling of the film has severely harmed its market value. The project, featuring stars such as Cage, Sir Ben Kingsley, and Ron Perlman, is described as a blend of “Ocean’s Eleven” and “Inglourious Basterds.” It centers on Operation Fortitude, a covert World War II mission involving double agents deceiving Adolf Hitler.
The dispute arose after an unencrypted copy of the film was delivered to Netflix on June 15 for viewing. Daniel Haido, an associate producer, instructed Netflix to delete the files after screening and to notify him when the physical drive was ready for pickup.
Despite repeated attempts, Afram’s team was unable to retrieve the drive. On June 25, Netflix informed them the drive had been stolen from their offices.
Sean Berney, Netflix’s director of original film, acknowledged the theft in an email and offered to reimburse Afram’s company or provide a new digital copy. However, Afram argues the loss is far more significant, claiming the breach undermines the film’s exclusivity and marketability. The lawsuit contends that potential buyers would be reluctant to invest in a film at risk of unauthorized online distribution.
Netflix responded by stating it is investigating the incident and has offered to monitor piracy sites to prevent illicit sharing. The company also accused Afram’s legal team of attempting to extort money, citing a demand for $165 million without engaging in good faith negotiations. Netflix maintains it is not responsible for the loss because the film was delivered without standard security protections and emphasized its commitment to content security.
Legal representatives for Afram declined to comment due to ongoing litigation, while Afram’s spokesperson asserted, “Our lawsuit speaks for itself.”
This case highlights the challenges and risks associated with digital content security in the film industry.