Netflix has been hit with a $105 million lawsuit after an unreleased World War II film starring Nicolas Cage was allegedly taken from the company’s offices before it reached a decision on whether to buy it.
Variety reports that producer Simon Afram alleges Netflix misplaced an unencrypted copy of Fortitude, a film he says required seven years of work and about $45 million to bring together.
In the complaint, Afram argues that the movie’s market value could be damaged because the disappearance of the copy may have undermined its exclusivity.
Netflix has pushed back on those claims, saying the version it received was not delivered with the standard protections typically used for unreleased films.
The lawsuit says Afram’s team brought a Digital Cinema Package (DCP) to Netflix’s headquarters in June so company executives could watch the movie while weighing a possible distribution agreement. Netflix had first expressed interest in the film after receiving promotional materials in December 2025, then requested a working cut in June.
The filing states that an associate producer later tried to retrieve the drive, but despite multiple efforts to arrange its return, that did not happen.
More than a week afterward, Netflix allegedly said by email that the drive had been stolen. According to reports, several drives were stolen from Netflix’s office desks, though Netflix’s investigation concluded that only one contained content.
Afram attached an email in the lawsuit that he says came from Sean Berney, Netflix’s director of original film, stating: ‘This is a first for us.’
The email continues: “Unfortunately, someone stole a good amount of drives from our office desks this past week. We’ve been working through this with our security teams to no luck.”
Afram claims Netflix did not adequately secure the film once it had custody of the copy, arguing the drive should not have been left in an office space where it could be removed.
The suit further alleges that Netflix has not provided specifics about its internal investigation or said whether police were contacted after the alleged theft.
Responding to the case, Netflix said it does not believe it carries legal liability because the movie copy was not secured with normal industry protections.
The company said: “Netflix disputes any claim that it bears the risk of loss for a film delivered without the proper industry-standard safeguards.”
Netflix says unreleased titles are usually shared through password-protected digital links or encrypted DCP files that can only be opened with a separate security key.
Afram’s complaint, however, says his side complied with the delivery directions provided by Netflix.
According to the suit, the associate producer explicitly told Netflix the DCP was unencrypted and asked for the copy to be deleted once the screening was finished.
Netflix also said it has tried to limit any possible fallout even though it does not own the film.
The company stated: “While we do not own the rights to ‘Fortitude,’ we take content security seriously and have taken extra measures to support the filmmaker and his team.”
It said those steps include looking into the incident and keeping watch on known piracy sites for any unauthorized upload or sale of the film.
Netflix added that, at present, it has found no sign that the movie has surfaced online.
Fortitude, directed by Simon West, is a World War II spy thriller based on the true story of Operation Fortitude, a secret mission involving a network of double agents working with British Army and Allied Nations to deceive Nazi leadership about the location of the Normandy invasion. The film was shot on 35mm to achieve an authentic look. Beyond Nicolas Cage, the cast includes Ben Kingsley, Matthew Goode, Ed Skrein, Michael Sheen, Jordi Mollà , and Alice Eve.
The plaintiffs contend the film stood to break even at 2.5 times the production cost, or $112.5 million, and have paused sales efforts despite receiving interest from multiple domestic and international distributors. The theft, they argue, will jeopardize the film’s planned release strategy and awards campaign, as any prospective buyer must now be informed of the security breach.
The lawsuit marks another problem for Fortitude, a production that has already endured a turbulent path. In 2023, Afram filed a separate lawsuit against director Martin Scorsese, claiming he took $500,000 to act as an executive producer and then did not provide meaningful backing to the film. That dispute was later resolved out of court.
Netflix has also taken aim at Afram’s conduct during the conflict, saying it has withheld details from its continuing investigation because of what it described as ‘hostile attempts to extort money from Netflix’, and alleging that the producer first sought $165 million before bringing the current $105 million lawsuit.