Netflix is being called to account over a Nicolas Cage spy film that may have become a piracy target before audiences even got the chance to see it. A U.K. production company and filmmaker Simon Afram are suing the streaming company for $105 million after an unreleased copy of “Fortitude,” a World War II spy thriller starring Nicolas Cage, was allegedly stolen from Netflix’s Los Angeles offices.
The filmmakers say the theft could have destroyed the movie’s commercial future because distributors may hesitate to buy a film that could leak online before its official release.
The movie was supposed to be Netflix’s next big conversation
“Fortitude” has been years in the making, with more than $45 million invested into it over seven years. The movie follows the real-life story of Dusko Popov, a World War II double agent who helped inspire the character of James Bond.
According to the lawsuit, the filmmakers delivered a master screening copy of the movie to Netflix on June 15 after the company requested to review the film. However, the copy was reportedly stored on an unencrypted hard drive. After Netflix viewed the movie, the filmmakers say they expected the drive to be deleted and returned. Instead, they received an email saying multiple drives had been stolen from Netflix’s office desks, including the one containing “Fortitude.”
The filmmakers say the theft destroyed the movie’s value
The movie is still searching for a distributor. But the lawsuit argues that the theft creates a major hindrance to that, as potential buyers may hesitate to acquire a movie that could appear online for free at any moment. From where the filmmakers stand, why would a distributor spend millions marketing a movie if there’s a risk audiences can just download a leaked version?
Netflix says the filmmakers ignored security rules
Netflix is not accepting responsibility here. The company says unreleased films are normally shared through secure methods, including password-protected links or encrypted digital cinema packages. But it accused the filmmakers of choosing to provide an unencrypted copy, which it says did not meet industry security standards.
Netflix also says that once it discovered the theft, it immediately contacted internal security teams and took additional steps to help, including monitoring known piracy websites for unauthorized copies.
The company maintains that it does not own the rights to “Fortitude” and disputes the claim that it should absorb the financial loss.
The movie that became its own thriller
In its response to the lawsuit, the streaming giant has described the legal action as a “hostile” attempt to force payment rather than a good-faith effort to resolve the situation. The lawsuit claims Netflix did not provide enough information about the investigation, including whether law enforcement was contacted.
But Netflix pushed back, saying it withheld investigation details because of what it described as “hostile attempts to extort money” from the company. The filmmakers reportedly demanded $165 million before the lawsuit was filed. Netflix also reportedly offered around $800 to reimburse the cost of replacing the drive.
At the moment, “Fortitude” remains unreleased. The film’s future depends on how the lawsuit plays out and whether distributors believe the movie can still succeed after the theft. But regardless of who wins, a spy movie disappearing because of gaps in security? Hollywood writers couldn’t have pitched that better.