Producer sues Netflix for $105 million after unreleased Nicolas Cage film stolen from its office

The film and its delivery

"Fortitude" is a World War II spy thriller directed by Simon West, starring Nicolas Cage as real-life double agent Dusko Popov, alongside Ben Kingsley, Matthew Goode, and others. Producer Simon Afram invested more than $45 million in the production, which took seven years to complete. In December 2025, Netflix expressed interest after seeing promotional materials, and in June 2026 it requested a working cut for internal screening. On June 15, a producer hand-delivered an unencrypted hard drive containing the film to Netflix's office at Sunset Bronson Studios in Los Angeles, with instructions to delete the files after viewing and notify when the drive could be picked up.

The theft and discovery

Netflix screened the film around June 16. For over a week, the company did not provide pickup instructions. Then, on June 25, Sean Berney, Netflix's head of film acquisitions, emailed the producers with the subject line "Stolen PCP," writing:

This is a first for us. 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. Our piracy teams are on high alert with the breach and will monitor.

The email indicated Netflix had known about the theft for up to a week without informing the filmmakers. A source at Netflix later said the other stolen drives were empty. The lawsuit claims Netflix knew the drive was unencrypted and could be opened, copied, or distributed without any key, contrary to Berney's assurance that it would likely be "sold for scrap" because a key was needed.

Legal claims

Afram and his company Op-Fortitude Limited filed suit in U.S. District Court in Los Angeles on July 29, seeking at least $105 million in damages. The complaint argues that the film's value has been "destroyed" because no distributor will buy a film that could surface on piracy sites at any moment. The lawsuit states:

Through its mishandling of the film and subsequent dismissiveness, Netflix has jeopardised plaintiffs' investment of over $45m and the significant value of the film itself. Netflix has also deprived the film, its cast and its creators of the opportunity to bring their work to market and receive recognition that a properly marketed worldwide release likely would have generated.

The producers also fault Netflix for refusing to disclose whether it filed a police report and for declining to involve the Los Angeles Police Department after the filmmakers filed their own report.

Netflix's defense

Netflix disputes liability. A company spokesperson said:

Netflix disputes any claim that it bears the risk of loss for a film delivered without the proper industry-standard safeguards. 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.

Those measures include a thorough investigation and monitoring known piracy sites for unauthorized distribution. Netflix also said it declined to share investigation details with Afram's attorneys, calling their approach "hostile attempts to extort money from Netflix over this situation... rather than work with us in good faith."

Impact on the film

The lawsuit says any future sale of "Fortitude" is now in jeopardy, and the producers have paused their international release strategy and awards campaign. The film, based on the true story of British intelligence operatives who used strategic operations to fool Nazi leadership, had not yet secured a distributor. With the master copy missing and the risk of piracy, the producers argue their seven-year investment has been effectively nullified.