Netflix is facing a $105 million lawsuit after filmmakers behind the unreleased World War II thriller Fortitude accused the streaming giant of mishandling the movie’s only master copy, which was allegedly stolen from the company’s Los Angeles offices during a security breach.
Producer and screenwriter Simon Afram and his production company, Op-Fortitude, filed the lawsuit after an unencrypted hard drive containing the completed film disappeared from Netflix’s Sunset Bronson Studios headquarters. The plaintiffs argue that the theft has effectively destroyed the movie’s commercial value, forcing them to halt distribution and acquisition negotiations while exposing the production to the constant threat of piracy.
According to court documents, the dispute began in June 2026, when the filmmakers personally delivered a hard drive containing an unencrypted Digital Cinema Package (DCP) of Fortitude to Netflix.
The producers say the delivery was made so Netflix executives could privately screen the completed film while considering a potential acquisition deal.
The film, which reportedly cost $45 million to produce, stars Nicolas Cage and was expected to be marketed as a major World War II thriller.
Nine days after the delivery, Netflix’s Head of Film Acquisitions, Sean Berney, allegedly informed the filmmakers by email that several hard drives had been stolen directly from employees’ desks during an office burglary.
According to the lawsuit, Netflix later determined that while the other stolen drives were empty, the drive containing Fortitude held the complete master version of the unreleased film.
Afram and Op-Fortitude argue that the stolen master copy has severely damaged the project’s commercial future.
They claim that because the theft occurred before the film secured a distribution deal, they are now legally required to disclose the incident to every prospective domestic and international buyer.
According to the lawsuit, that disclosure has significantly weakened negotiations with distributors, who may now view the project as a higher commercial risk due to the possibility that the movie could eventually surface online through piracy.
The filmmakers also argue that the theft has disrupted carefully planned marketing campaigns, complicated insurance arrangements and undermined confidence among potential partners.
As a result, they say they have suspended all sales and distribution discussions until the situation is resolved.
Beyond the financial losses, the lawsuit accuses Netflix of mishandling the incident after the burglary.
The plaintiffs allege that the company waited approximately a week before notifying them that the drive had been stolen, limiting their ability to respond quickly to the breach.
They also claim Netflix refused to involve the Los Angeles Police Department (LAPD), leaving the filmmakers without what they describe as a transparent criminal investigation into the theft.
Based on those allegations, Afram and Op-Fortitude are seeking $105 million in damages.
Netflix has denied legal responsibility for the missing hard drive and is contesting the lawsuit.
In a statement, the company argued that the filmmakers themselves failed to follow standard industry security practices by delivering the movie without encryption or other widely accepted digital protection measures.
According to Netflix, the production team provided the master copy without “industry-standard safeguards,” making it more vulnerable to unauthorized access.
The company maintains that it does not own the rights to Fortitude but nevertheless took significant steps to assist the filmmakers after learning of the theft.
Netflix says it immediately launched an internal investigation into the burglary and has continued monitoring piracy networks to ensure the film has not been leaked or offered for sale.
The streaming company also says it has checked its internal anti-piracy tracking systems, which have found no evidence that Fortitude has appeared online or been distributed illegally.
Those findings, Netflix argues, undermine the filmmakers’ claims that the movie’s commercial value has already been irreparably damaged.
The company insists it acted in good faith throughout the process despite not owning the film.
Netflix has also pushed back strongly against the filmmakers’ legal strategy.
According to the company, it stopped sharing updates from its internal investigation after the filmmakers’ lawyers allegedly made what Netflix described as a “hostile” pre-suit demand seeking $165 million in compensation.
Netflix claims the demand amounted to an attempt to extort money from the company rather than resolve the matter cooperatively.
The filmmakers have not publicly accepted that characterization and instead argue that Netflix’s handling of the incident left them with little choice but to pursue legal action.
