Netflix Sued for $105 Million After Unreleased Nicolas Cage Movie Is Stolen From Its Office

Nicolas Cage
Image Credit: LaCameraChiara / Shutterstock.

Netflix has been hit with a lawsuit seeking at least $105 million after an unencrypted copy of an unreleased Nicolas Cage film was allegedly stolen from the company’s Hollywood offices.

Writer and producer Simon Afram and his production company, Op-Fortitude, claim the disappearance of the World War II thriller Fortitude has severely damaged its commercial prospects by creating the possibility that a theatrical-quality copy could surface online before the movie is sold or released.

Netflix disputes that it bears legal responsibility for the loss, arguing that the filmmakers delivered the movie without customary security protections.

An Associate Producer Delivered the Unencrypted Film

Afram and Op-Fortitude filed the complaint against Netflix on July 29 in the U.S. District Court for the Central District of California. The lawsuit says Netflix requested a screening after expressing interest in potentially acquiring the film’s distribution rights.

Associate producer Daniel Haido personally delivered a Digital Cinema Package, or DCP, to Netflix’s Sunset Bronson Studios on June 15. The complaint describes the drive as an unencrypted master copy suitable for commercial theatrical projection. Haido allegedly told Netflix both verbally and in writing that the files were not encrypted.

He instructed the company to delete the movie from its projection system after the June 16 screening and asked to be notified when the physical drive was ready for collection. The filmmakers say Netflix knew the copy could be accessed without a Key Delivery Message, the digital key ordinarily required to unlock an encrypted DCP.

The Drive Was Reportedly Taken From an Office Desk

According to the complaint, Haido repeatedly attempted to retrieve the drive after the screening but did not receive pickup instructions. On June 25, Netflix executive Sean Berney informed the production team by email that several drives had been stolen from office desks during the previous week, including the one containing Fortitude.

Berney reportedly said Netflix’s security teams had been unable to recover the drives and that its piracy specialists were monitoring for a possible leak. The lawsuit alleges Netflix may have known about the theft for several days before alerting the filmmakers.

Netflix offered to reimburse the filmmakers for the storage device or create a replacement DCP, according to the complaint. Afram argues that neither option addresses the potential loss of the movie’s exclusivity.

Netflix Says the Film Lacked Standard Safeguards

“Netflix disputes any claim that it bears the risk of loss for a film delivered without the proper industry-standard safeguards,” the company said in a statement reported by Variety.

The filmmakers counter that Netflix’s own delivery instructions said any encrypted DCP needed to remain unlocked through the end of the screening day. Their complaint argues that Netflix accepted the unencrypted drive without objection and therefore assumed responsibility for keeping it secure.

Netflix said it conducted an investigation and offered to monitor known piracy platforms for any unauthorized sale or distribution. Current reporting indicates that no copy of Fortitude has appeared online. The company also accused Afram’s lawyers of making “hostile attempts to extort money” after initially demanding $165 million. 

The $105 Million Demand Extends Beyond the Missing Drive

Afram claims he personally invested more than $45 million and seven years in bringing the project to the screen. The complaint estimates that the film would need to generate at least $112.5 million in revenue to break even under its financial assumptions.

The plaintiffs are seeking compensation for the production investment, lost sales opportunities, reduced market value, potential lost profits and harm to ancillary rights such as merchandising and derivative projects. They also claim the disappearance has delayed distribution plans, weakened their negotiating position with prospective buyers and jeopardized a planned theatrical release and awards campaign.

The complaint asserts causes of action for conversion, breach of a bailment contract and breach of an implied contract. It seeks at least $105 million in economic damages, plus punitive damages, interest, legal costs and any additional amount established at trial.

‘Fortitude’ Recreates the Allied Deception Before D-Day

Directed by Simon West, Fortitude dramatizes the Allied deception campaign that misled Nazi Germany about the location and timing of the D-Day invasion.

Cage portrays Serbian double agent Duško Popov. The ensemble also includes Ben Kingsley, Matthew Goode, Michael Sheen, Ron Perlman, Ed Skrein, Alice Eve, Art Malik, Jordi Mollà and Lukas Haas.

The production was filmed on 35mm and had previously been scheduled for a worldwide theatrical release in late 2026. The filmmakers now say they have temporarily paused domestic and international sales efforts while the missing copy remains unrecovered.