Netflix Hit With $105 Million Suit After Losing Unencrypted Copy of Unreleased Nicolas Cage War Thriller

Netflix faces a $105 million (£78.2 million) lawsuit after an unencrypted master copy of the unreleased Nicolas Cage war thriller Fortitude vanished from its Hollywood offices.

Swiss producer Simon Afram and UK firm Op-Fortitude filed the claim in California federal court on Wednesday, alleging the streamer destroyed the film's market value by losing the Digital Cinema Package delivered for screening.

The World War II espionage drama, directed by Simon West and co-starring Sir Ben Kingsley, cost Afram more than $45 million (£33.5 million) over seven years of production work.

How the Unencrypted Drive Went Missing

On 15 June 2026, associate producer Daniel Haido hand-delivered the unencrypted Digital Cinema Package to Netflix's Sunset Bronson Studios at the company's request for a potential acquisition screening.

Haido instructed staff both verbally and by email to delete the files after viewing and to notify him when the drive was ready for pickup, according to the complaint filed in Los Angeles.

The film was screened the next day, yet repeated requests for the drive's return over the following week went unanswered despite several follow-up messages.

On 25 June, Netflix executive Sean Berney emailed to say 'someone stole a good amount of drives from our office desks this past week', including the one holding Fortitude.

Plaintiffs argue Netflix left the unencrypted master on an office desk despite knowing its high value and complete lack of protection, breaching elementary security duties expected of a major studio.

The suit claims this exposed the first-to-market title to clear piracy risks that render it unattractive to any serious buyer or theatrical distributor.

Allegations of Negligence and Destroyed Value

Afram's legal team contends the loss of exclusivity means sophisticated distributors will avoid investing tens of millions more in marketing a film that could surface free online at any moment.

The complaint seeks at least $105 million covering the production outlay, lost sales opportunities and the sharp diminution in commercial prospects for the project.

It cites conversion, breach of bailment contract and implied contract, asserting Netflix accepted temporary custody then failed to exercise even minimal due care over the unique asset.

Court papers note the picture is based on the true Operation Fortitude story, with Cage portraying the real-life double agent Dusko Popov, said to have inspired James Bond.

Netflix knew the package was unencrypted yet offered no chain of custody or secure storage, the filing states in clear terms.

Producers paused marketing efforts after the theft and say the streamer refused to share investigation details or assist with a police report to Los Angeles authorities.

Netflix's Position on the Missing Film

Netflix 'disputes any claim that it bears the risk of loss for a film delivered without the proper industry-standard safeguards'.

The company said it takes content security seriously and has investigated the incident while monitoring piracy sites for any unauthorised copies of Fortitude.

It added that it does not own the rights and characterised the producers' pre-suit demand as a hostile attempt to extract money rather than negotiate in good faith.

As of 31 July 2026 the case remains at an early stage with no further court filings reported. Sources close to the streamer maintain the other stolen drives were empty and no leak of the film has been detected to date.