The Netflix Fortitude lawsuit puts a very old security failure at the center of a very expensive film dispute: an unreleased movie, carried on an allegedly unencrypted drive, went missing from Netflix’s offices. Op-Fortitude Ltd. and filmmaker-financier Simon Afram sued Netflix on Wednesday, accusing the company of mishandling a screener for Fortitude, a 2026 film starring Nicolas Cage and Sir Ben Kingsley.
Afram says he personally put $45 million into making the World War II spy film. The complaint says Op-Fortitude had not shown the film to agencies or other buyers before offering Netflix the first look at worldwide rights. The plaintiffs argue that the missing drive damaged the film’s exclusivity, its marketing plan and its protection against piracy.
Netflix disputes that it is responsible. A Netflix spokesperson said the company does not own rights to Fortitude and said the drive could be accessed only because the production company delivered it without industry-standard safeguards. Netflix also said there is no evidence the film has appeared online and that the stolen drive was not the only copy.
Why is Netflix being sued over Fortitude?
Op-Fortitude’s complaint says Netflix asked for the screener drive to be delivered unlocked so the company could test and screen it. In plain terms, the plaintiffs say Netflix had custody of a readable copy of the movie and then failed to keep track of it.
An unencrypted drive stores files in a form that can be read without first proving access with a cryptographic key. Encryption turns readable data into locked-up noise, which is exactly the point when the file is an unreleased blockbuster rather than someone’s vacation photos.
The complaint says Op-Fortitude asked Netflix to delete any files transferred for projection and return the drive promptly after viewing. After repeated requests, Netflix executive Sean Berney told a production representative that multiple drives had been stolen from office desks, according to the lawsuit. The plaintiffs say Netflix had known about the theft for days, possibly a week, before telling them.
Netflix, according to the complaint, offered to pay for the missing drive itself. The plaintiffs say that response ignored the value of the unreleased film and the risk that a copy could leak before a distributor bought rights.
What damages are the filmmakers seeking?
Afram and Op-Fortitude ask the court to award at least 2.5 times the film’s production budget, or $112.5 million, plus other damages including punitive damages. They accuse Netflix of breaching obligations to return the screener and delete screening files.
Netflix says the lawsuit is an attempt to force a payout. Its spokesperson said Afram’s representatives sent a $165 million demand and that Netflix stopped sharing information with the plaintiffs’ law firm because of what the company described as hostile attempts to extort money.
The company said it has investigated the theft and offered to monitor piracy sites for unauthorized distribution or sale of Fortitude. Netflix also said the other missing drives contained no content.
The plaintiffs are not satisfied with Netflix’s account. Their complaint says Netflix has refused to disclose enough about the theft, the investigation, whether law enforcement was contacted, and any effort to identify whoever took the drives. They also argue that the loss of multiple drives supports their claim that Netflix’s handling of physical media was careless.
Fortitude was directed by Simon West and, according to the complaint, follows double agents plotting against Adolf Hitler. Afram described the film as inspired by a real World War II spy connected to the origins of Ian Fleming’s James Bond stories. He said worldwide rights remain available and that he still sees strong interest in the film.
This story draws on original reporting from Ars Technica.
