LOS ANGELES — Independent filmmakers are suing Netflix for $105 million after a hard drive containing an unreleased Nicolas Cage movie vanished from the streaming giant’s California office.
Writer-producer Simon Afram and his company, Op-Fortitude, filed the lawsuit in federal court. They claim Netflix ruined their chances of selling the World War II spy thriller, titled Fortitude, by losing the master copy during an internal screening review.
The stolen hard drive held an unencrypted copy of the $45 million picture. Thieves took several drives from office desks at Sunset Bronson Studios, but Netflix sources confirmed the other drives were empty.
Netflix rejects the claims and says it is not at fault for security gaps in files it does not own.
“Netflix disputes any claim that it bears the risk of loss for a film delivered without the proper industry-standard safeguards,” a company spokesperson said in a statement. “While we do not own the rights to Fortitude, we take content security seriously and have taken extra measures to support the filmmaker and his team. This includes conducting a thorough investigation and offering to monitor known piracy sites for any unauthorized distribution or sale.”
Netflix executives asked to see a working version of Fortitude after looking at sales materials. Filmmakers provided the key to a digital cinema package so staff could test the movie internally.
A producer hand-delivered the unencrypted drive to Netflix’s Los Angeles studio. The producer asked Netflix to delete the files right after the screening and call him to pick up the drive.
Ten days later, Netflix told the filmmakers the drive was gone.
“This is a first for us,” wrote Sean Berney, Netflix’s head of film acquisitions, in an email. “Unfortunately, someone stole a good amount of drives from our office desks this past week. We’ve been working through this with our security teams to no luck. Our piracy teams are on high alert with the breach and will monitor.”
The lawsuit claims Netflix refused to say if it called the police. The filmmakers filed their own report with the Los Angeles Police Department, but Netflix declined to involve local officers.
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Netflix claims it stopped sharing investigation details after lawyers for Afram made a steep financial demand. The company called the filmmakers’ request for $165 million a “hostile attempt to extort money” instead of working together in good faith.
The producers say the theft has badly hurt their distribution plans. Buyers must be told that an unencrypted copy was stolen, which ruins deal talks, insurance options, and marketing efforts.
Op-Fortitude paused sales talks with global distributors due to leak risks. The delay has put the movie’s planned launch and awards push in danger.
Directed by Simon West, Fortitude tells the true story of British secret agents tricking Nazi leadership during World War II. The film stars Nicolas Cage, Matthew Goode, Ed Skrein, Jordi Mollà, and Alice Eve.
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