Swiss film producer and financier Simon Afram, through his company Op-Fortitude Ltd., has filed a $105 million lawsuit against Netflix. The suit alleges that the streaming giant lost an unencrypted hard drive containing the complete, unreleased World War II thriller 'Fortitude,' starring Nicolas Cage, from its Los Angeles office. This incident, which reportedly occurred in June 2026, has sparked a contentious legal battle with significant financial implications for the $45 million production.
Allegations of Loss and Cover-Up
According to the plaintiffs, Netflix's negligence in handling the unencrypted digital master exposed 'Fortitude' to severe piracy risks. They claim the loss has caused substantial financial damage, jeopardized future sales, and forced a halt on crucial marketing efforts, international distribution, and an awards campaign for the film, which took seven years to complete. The lawsuit details that a digital copy was sent to Netflix for an internal screening, with explicit instructions for deletion afterward and notification that the drive was unencrypted. The screening took place on June 16, 2026, after the unencrypted drive was delivered on June 15.
The plaintiffs further allege that Netflix left the unencrypted file unattended on an office desk without basic security protocols. Requests to retrieve the drive between June 17 and June 25 were reportedly ignored or postponed. On June 25, a Netflix executive confirmed via email that drives had been stolen from office desks. Despite this, the lawsuit contends that Netflix downplayed the incident, suggesting the stolen drive required an encryption key, even though they knew it was unencrypted. They are also accused of offering to reimburse only the physical cost of the drive and referring to the asset as 'missing' rather than 'stolen.'
Netflix Denies Wrongdoing
Netflix has vehemently denied any wrongdoing. The company states it disputes bearing the risk of loss for a film delivered without adhering to industry-standard safeguards. Netflix asserts its commitment to content security, confirming it conducted a thorough investigation and offered to monitor piracy sites. The streamer maintains that password protection and encryption are standard practices, rejecting claims that it requested an unlocked copy and stating that the filmmakers voluntarily provided an unencrypted version.
The company also indicated that it withheld specific investigation details due to the plaintiffs' conduct, including an immediate demand for $165 million. Netflix's head of film acquisitions reportedly stated this was the first such theft incident at their office.
High Stakes for 'Fortitude'
The unreleased film 'Fortitude' is described as a London-set espionage thriller focused on British intelligence operatives working to alter the course of World War II. It is based on Operation Fortitude, the Allied deception campaign preceding the D-Day invasion. Directed by Simon West (known for 'Tomb Raider' and 'The General's Daughter'), the film features a notable cast including Nicolas Cage, Matthew Goode, Michael Sheen, and Ben Kingsley. Test screenings reportedly yielded an 82% top-two box audience score, with estimated revenues projected at a minimum of $112.5 million, approximately 2.5 times its production budget.
The plaintiffs argue that Netflix's mishandling has severely compromised the film's exclusivity and distribution value, jeopardizing their $45 million investment and depriving the cast and creators of crucial market and recognition opportunities. They also claim Netflix refused to cooperate with the Los Angeles Police Department after the filmmakers filed their own report.