Netflix sued over missing hard-drive of WWII thriller “Fortitude”

Producer-writer-financier Simon Afram and his company Op-Fortitude Limited have filed a civil action in the U.S. District Court in Los Angeles against Netflix. The complaint alleges that Netflix is liable for the theft of an unencrypted digital cinema package (DCP) of the upcoming World War II spy thriller “Fortitude.” The plaintiffs seek at least $105 million in damages and later added a claim for $165 million in compensation for the loss of the film and its exclusive market position. The suit lists conversion, breach of bailment, and breach of implied contract among the alleged violations.

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“Fortitude,” directed by Simon West, dramatizes British intelligence operations that allegedly helped shape the outcome of World War II. The cast includes Nicolas Cage as double-agent Dusko Popov, alongside Matthew Goode, Ben Kingsley, Ron Perlman and Michael Sheen. According to the complaint, the unencrypted DCP cost over $45 million to produce and was delivered to Netflix for a screening and possible purchase, with explicit instructions that the files be deleted after the viewing.

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The plaintiffs contend that after a screening around June 16, a Netflix executive notified them that the DCP had been stolen. The complaint states that Netflix failed to provide the promised pickup instructions for more than a week and that an internal email on June 25, 2026 labeled the incident “Stolen PCP.” Netflix’s internal response, as described in the lawsuit, indicated that the stolen drive would likely be sold for scrap because it required a key to unlock an encrypted DCP—yet the plaintiffs argue the package was unencrypted and therefore vulnerable. The lawsuit also claims Netflix refused to disclose whether it filed a police report or involved the Los Angeles Police Department, despite the plaintiffs’ request.

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Netflix has declined to comment beyond its initial statement that it disputes any claim that it bears the risk of loss for a film delivered without industry-standard safeguards. A company spokesperson reiterated that Netflix takes content security seriously, has conducted a “thorough investigation,” and is monitoring piracy sites for unauthorized distribution. The spokesperson also said the company will not share details of the investigation with the plaintiffs’ counsel, characterizing the producers’ actions as “hostile attempts to extort money,” including an alleged immediate demand for $165 million.

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• June 16 – Screening of the unencrypted DCP; producers later learn of the theft.

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• June 25, 2026 – Netflix executive emails producers with subject “Stolen PCP,” reporting the theft.

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• June 29, 2026 – Plaintiffs’ counsel sends a letter requesting information and a meeting; no monetary demand is made.

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• June 30, 2026 – Netflix refuses to cooperate with the information request.

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• July 1, 2026 – Plaintiffs’ attorney sends a follow-up letter seeking $165 million in compensation.

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The lawsuit, represented by Neville Johnson of Johnson & Johnson LLP, remains pending as both sides continue their respective investigations.

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