A film producer has sued Netflix over the disappearance of a movie starring Nicolas Cage, after the project was delivered to the platform’s headquarters in Hollywood. The lawsuit, filed yesterday in a federal court in California by screenwriter and producer Simon Afram, accuses the company of losing the hard drive containing an unencrypted copy of the thriller titled Fortitude, and demands compensation of at least 105 million dollars (91 million euros).
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The film was delivered in mid-June to the entertainment giant for screening and purchase, with instructions to delete the files after review. However, a few days later, Netflix sent an email to the plaintiffs notifying them of the theft of “a good number” of hard drives from their Los Angeles offices, including the World War II film, according to the complaint.
In that email, Netflix indicated that the company had been aware of the theft of the DCP (Digital Cinema Package) for a whole week. And, according to the text, “at no time” did the company inform the plaintiffs that the file — whose production had cost more than 45 million dollars — was stolen directly from a Netflix desk. The producer alleges that the company refused to reveal whether it reported the incident to authorities or sought help from any security agency to recover the material.
In the text, the Netflix executive states that they had been collaborating with security teams “without success,” but that those responsible for anti-piracy efforts were “on high alert.” The executive claims it is likely that the stolen hard drive was “sold as scrap, since a key is needed” to unlock an encrypted DCP. However, according to Afram, “Netflix knew the file was not encrypted and could be opened, viewed, published, copied, or distributed without any key.”
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A Netflix spokesperson denied that the company would assume the risk of losing a film “distributed without the industry’s standard security measures,” according to a statement shared by Deadline. “Although we do not hold the rights to Fortitude, we take content security very seriously and have taken additional measures to support the filmmaker and their team,” the streaming service said. This includes conducting a “thorough investigation and offering to monitor websites known for piracy” for any unauthorized distribution or sale. So far, the company has seen “no evidence that the film has been leaked,” a source told the American magazine.
Netflix has “refused to share any information” about the ongoing investigation with the law firm representing Simon Afram: “Given their hostile attempts to extort Netflix over this situation — including the immediate demand for 165 million dollars for the film instead of cooperating with us in good faith.” Afram claims that — in addition to investing more than 45 million dollars in production — it took seven years to complete the film, and it was in the process of being sold to distributors.
The film, directed by Simon West, is based on the true story of British secret service agents who carried out unprecedented strategic operations to deceive Nazi leaders and help change the course of World War II. The cast includes Nicolas Cage as Dusko Popov, a real double agent who is said to have inspired the James Bond character created by Ian Fleming, as well as Matthew Goode, Ben Kingsley, Ron Perlman, and Michael Sheen.
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