The Stolen Film Copy from Netflix Turned into a $105 Million Lawsuit

An internal screening for a film that Netflix was considering purchasing has turned into one of Hollywood's most unusual content security lawsuits.

The unencrypted screening copy of the World War II film Fortitude, starring Nicolas Cage, was stolen from the company's office after being hand-delivered to Netflix by the producers. The film's writer, producer, and financier Simon Afram claims that the risk of piracy posed by the unguarded copy undermines the film's commercial value, rather than the physical disk itself. Netflix, however, states that it is not the owner of the film and cannot be held responsible for the copy that was delivered without security measures.

Sent to Netflix for Sales Negotiation

According to the lawsuit filed by Afram in California, Fortitude was completed at a cost of over $45 million after seven years of work. The producers were in negotiations to sell the worldwide rights of the film to Netflix or another distributor.

Netflix requested a digital cinema package suitable for screening in theaters to evaluate the film. The disk carrying the unencrypted DCP was hand-delivered to the company's Hollywood office at Sunset Bronson Studios on June 15, 2026. The internal screening took place the following day.

At this stage, Netflix was neither the owner nor the distributor of the film. Fortitude had not been delivered for release on the platform; it was sent for review prior to a potential purchase.

The Theft Was Reported Nine Days Later

According to the producers, Netflix executive Sean Berney reported in an email sent on June 25 that many disks had been stolen from office desks. The disk containing Fortitude was among the missing devices.

Berney wrote that the company's security teams had not achieved any results, that the anti-piracy unit would track any potential leaks, and that Netflix could prepare a new DCP or cover the disk's cost of approximately $800.

According to the plaintiffs, the real issue was not the easily replaceable physical carrier. The unencrypted film on the disk could be played without any additional key or password.

The Film Was Not Lost, Its Sale Value Is in Question

Since other copies of Fortitude exist, the film is technically not lost. Afram's claim for damages is based on the likelihood of the stolen version leaking online.

The lawsuit argues that a potential buyer would not accept the risk of the film being available for free online at any moment while making a multi-million dollar investment in purchasing and promoting it. The producers state that the theft disrupted sales negotiations, international screening plans, and potential award campaigns.

Afram claims that the economic loss based on the film's budget, results from test screenings, and interest from distributors is at least $105 million. However, this figure is not a court-determined loss; it is the plaintiff's calculation.

Netflix Denies Responsibility

Netflix rejected the claim of being responsible for the damages, stating that the copy was delivered without security measures that it considers industry standard.

The company announced that it has launched a comprehensive investigation into the theft and offered to track the film on known piracy platforms. Netflix also emphasized that it does not own the rights to Fortitude.

In its statement, Netflix claimed that Afram's lawyers initially demanded $165 million and that instead of working in good faith with the company, they adopted an aggressive stance aimed at extorting money. The Afram camp accuses Netflix of failing to adequately protect the disk and delaying information sharing regarding the incident.

Nicolas Cage Portrays a Real War Spy

Fortitude was directed by Simon West, who worked with Nicolas Cage on the 1997 film Con Air. Cage plays the role of the real Yugoslav double agent Duško Popov, who worked to deceive Nazi Germany.

The film, which focuses on the deception operations conducted by the Allies before the Normandy invasion during World War II, also stars Ben Kingsley, Michael Sheen, Matthew Goode, Alice Eve, Ed Skrein, and Ron Perlman. The worldwide distribution rights for the production are still available for sale.

The Lawsuit Will Question the Limits of Content Security

The dispute between the parties extends to a broader issue of who will pay for the lost disk. Since there was no purchase agreement when the film was delivered for screening, one of the key questions before the court will be which party holds the responsibility for encryption and physical security.

Another debate is whether a film that has not yet leaked online would lose all its commercial value simply due to the possibility of a leak. If Afram's $105 million claim is accepted, it could set an important precedent regarding the storage and screening processes of completed films sent for sale to studios.