A British production company and a filmmaker are taking legal action against Netflix for $105 million US following the theft of an unreleased Nicolas Cage movie from the streaming service’s offices in Los Angeles. The lawsuit, filed in California federal court and obtained by CBC News, portrays the theft as a significant setback for the commercial prospects of “Fortitude,” a Second World War espionage thriller directed by Simon West, known for films like “Con Air” and “The Expendables 2.”
The film, which is still in the process of seeking potential distributors, has faced challenges in its sales efforts due to concerns about potential online piracy resulting from the stolen copy. The writer-producer, Simon Afram, along with Op-Fortitude Ltd., has reportedly invested over $45 million US in the project.
According to court documents, a hard drive containing a master screening copy of the film was delivered to Netflix on June 15. Allegedly, the drive was not encrypted, and Netflix was instructed to delete any copies of the film from its system and notify the plaintiffs once the viewing was complete and the drive was ready for pickup. However, after more than a week, Netflix informed them that several drives, including the one holding a copy of “Fortitude,” had been stolen from office desks.
Netflix has stated that it cannot accept liability for the incident due to the lack of “proper industry-standard safeguards” on the drive. The streaming service mentioned that unreleased titles are typically shared through password-protected links or encrypted digital cinema packages (DCPs) and that the film’s producers chose to share an unencrypted DCP. Upon learning about the missing drive, Netflix claims it promptly informed internal security and the “Fortitude” team.
The filmmakers’ lawsuit further alleges that Netflix failed to provide crucial details about the investigation, such as whether law enforcement was involved. Netflix responded by stating that it withheld investigation specifics from Afram’s legal team due to what it characterized as “hostile attempts to extort money.” The streaming giant asserted that it implemented additional measures, including monitoring piracy sites to prevent unauthorized distribution or sale of the film.
In a statement to CBC News issued by Afram’s legal representation, it was emphasized that transparency is crucial for their partners, and they are dedicated to providing accurate information throughout the process.