Text settings Story text Size Small Standard Large Width * Standard Wide Links Standard Orange * Subscribers only Learn more Minimize to nav Netflix has been sued after admitting that an unencrypted drive containing an unreleased, hotly anticipated 2026 blockbuster starring Nicolas Cage was stolen from its offices.
In a lawsuit filed Wednesday, Netflix was accused of waiting a week to warn the production company, Op-Fortitude, that the movie, Fortitude, was swiped, along with other drives that were “stolen right off a Netflix desk.”
“Someone stole a good amount of drives from our office desks this past week,” Sean Berney, director of Netflix Original Film, said in an email to a production company representative after several attempts to get Netflix to return the drives were allegedly ignored.
Rather than acknowledge the “profound and devastating loss” and likelihood that the movie might be leaked free online at any time, Berney apparently only offered that Netflix would pay for the missing drive. He also “erroneously” claimed that thieves would need a key to unlock the movie, even though Netflix had allegedly asked the production company to unlock the drive prior to delivering it.
Op-Fortitude and Simon Afram, the financier and filmmaker who paid $45 million to get the movie made, think Netflix failed to take basic security measures to prevent the unencrypted drive from being stolen. They’ve asked the court to rule that Netflix owes them “revenues of at least 2.5 times the production budget, or $112,500,000,” as well as other damages, including punitive damages, after allegedly implicitly breaching a contract to delete the screener files and promptly return the drive after viewing.
In response to the lawsuit, Netflix insists that it’s not liable for losing the drive, ruining the movie’s marketing strategy, or potentially making it easier to pirate the film. In fact, the company claims that Afram and the production company are attempting to use the lawsuit to extort money from Netflix, including by issuing a demand letter for $165 million.
In a statement to Ars, a Netflix spokesperson confirmed that none of the other lost drives contained any content. Only Fortitude could be accessed by thieves, solely due to the production company’s failure to encrypt the drive, the spokesperson alleged. It is not the only copy of the movie. And so far there’s no evidence it has been leaked, Netflix said.
“Netflix disputes any claim that it bears the risk of loss for a film delivered without the proper industry-standard safeguards,” Netflix’s spokesperson said. “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. We have declined to share anything about our ongoing investigation with the law firm representing Simon Afram, given their hostile attempts to extort money from Netflix over this situation—including immediately demanding $165 million for the film rather than work with us in good faith.”
Afram was so passionate about telling the story of a real-life World War II spy who became the inspiration for Ian Fleming’s James Bond novels and films that he was willing to personally invest $45 million to make the biggest blockbuster he could.
It took seven years, but he made the movie, Fortitude, which he describes tonally as a cross between Ocean’s Eleven and Inglourious Basterds. Directed by Simon West, the film features Nicolas Cage and Sir Ben Kingsley leading an all-star ensemble cast. It follows double agents setting a trap for Adolf Hitler, and it was shot on 35-millimeter celluloid to make it look and feel like the time it represents, the complaint said.
With a cut of the movie finally available to preview and awards buzz already anticipated, Afram planned to sell exclusive first rights to the highest bidder and decided to show it to Netflix first.
“NOBODY has seen it yet, including any of the agencies, and worldwide rights are available,” a mid-June email to Netflix said.
This offer was so enticing that it generated an enthusiastic response “the very same day,” the complaint said. When Netflix sent instructions to share a screener, it allegedly told the production company to deliver it unlocked, meaning it remained unencrypted the entire time it was in Netflix’s possession.
“This timing allows us to test the content and ensure a streamlined screening,” Netflix’s instructions said.
The production company asked Netflix in person and in writing to agree to delete any files transferred to a projector during screening and to arrange to promptly return the screener after viewing.
Days went by, though, and although Netflix acknowledged that it received requests to return the screener, it “failed to arrange is return.” After more than a week had passed, Netflix stopped responding, the complaint said.
Finally, Op-Fortitude’s representative pressed Netflix to return the screener immediately. That’s when Netflix’s Berney admitted that the drive had been stolen. Netflix claimed that it had been on “high alert” for a week while working with security teams, but they’d had “no luck” identifying the thief or recovering the stolen drives.
“Netflix had known about the theft” for “days or even a full week,” the complaint said, but did not notify the production company. And now Netflix is evading accountability, the complaint suggested, despite knowing it could have taken steps to protect the movie while in its care.
Netflix left the [drive]—which Netflix knew to be unencrypted—on an office desk where it could be picked up and stolen, rather than exercising even minimal security measures, such as storing it in a locked or otherwise secured location, storing it in a location monitored by security cameras, requiring a staff member to assume responsibility for its location and security the entire time it was in Netflix’s custody, and/or otherwise controlling and tracking its chain of custody.
In a statement provided to Ars, Afram confirmed that he continues to see “tremendous interest” in the film and he hopes to find the right partner for distribution as “the worldwide rights remain available. “
“I spent seven years of my life bringing this incredible true story to the screen,” Afram said. “But this film was never mine alone. It belongs to the extraordinary cast and their performances of a lifetime that deserve to be seen and recognized. It represents the moment these artists have earned, the story the survivors and their families entrusted to us, and seven years of work by hundreds of people.”
Neville Johnson, counsel for the plaintiffs, added: “Our clients Op-Fortitude Ltd. and Simon Afram do not take litigation lightly, but they believe that they have an obligation to the cast and crew of the Fortitude film to honor their exceptional achievements, to the individuals whose incredible bravery is portrayed in the film, and to their families and other survivors, to ensure that their rights are protected and that this film is given the recognition, respect, and accolades that it deserves. “
For Afram, the frustrations don’t end at the theft. He has alleged that Netflix “failed and refused to provide Plaintiffs with any information about the nature, scope, status, or results of any investigation or other security efforts” to reclaim the stolen property.
Afram’s team can’t even confirm if a police report was ever filed, the complaint said. It seems “telling,” however, that Netflix refused their request to involve the Los Angeles Police Department in its internal investigation, the complaint said.
Netflix claims that it stopped coordinating with Afram’s legal team after the money demand was made, but Afram’s team accused Netflix of hiding evidence to cover its tracks while fighting the lawsuit. As the complaint alleged:
Disclosing the theft and compromise of the Film’s unreleased and exclusive first-to-market status would also necessitate the disclosure of Netflix’s lack and/or failure of adequate security protocols, the failure of Netflix’s investigation to recover the [stolen drive], identify the thief, or determine the purpose or effect of the theft, and the apparent failure of Netflix to file a police report regarding the “good amount of drives” that were allegedly stolen from its office desks.
Although Netflix claimed the other stolen drives were empty, Afram’s complaint argued that the fact that multiple drives were swiped proves that Netflix was negligent and should be held liable.
“Netflix easily could have, and should have, prevented this precise outcome by taking even a modicum of care and security measures,” the complaint said.
This story was updated on July 31 to add comments from plaintiffs.
