The producers of “Fortitude” accuse Netflix of losing an unencrypted master copy of the unreleased film after a private screening.
Netflix is facing a $105 million lawsuit over an allegedly stolen master copy of a yet-to-be-released Nicolas Cage World War II film.
According to documents reviewed by Complex, the lawsuit, filed by Op-Fortitude Ltd. and producer Simon Afram in federal court in California, accuses the streamer of mishandling an unencrypted Digital Cinema Package, or DCP, containing the film Fortitude and thus damaging its commercial value before distributors could acquire it.
The plaintiffs claim the film, which is based on the true story of Operation Fortitude, cost more than $45 million to produce over seven years. It depended heavily, they continue, on maintaining its unreleased status and exclusive market appeal — which is now gone due to the theft.
Per the complaint, Netflix requested the DCP so executives could screen the movie for a potential acquisition. The filmmakers say they hand-delivered the drive on June 15, 2026, and told Netflix both verbally and in writing, “The DCP is unencrypted, so please ensure that it is deleted after the screening.”
The producers say they repeatedly contacted Netflix to retrieve the drive after the screening, but the company delayed returning it.
On June 25, Netflix executive Sean Berney emailed the filmmakers, writing, “Someone stole a good amount of drives from our office desks this past week.”
Berney also said Netflix had “been working through this with [its] security teams to no luck,” and that its piracy teams were “on high alert.”
The lawsuit claims Netflix incorrectly suggested the stolen drive would require “a KDM” (Key Delivery Message) to access the film, despite allegedly knowing the DCP was unencrypted. The complaint also points to Netflix’s offer “to create a new DCP” as evidence that the company may not have deleted the film files after the screening.
The plaintiffs argue the missing copy jeopardized the film’s value by creating the risk of an unauthorized leak before its release. They accuse Netflix of conversion, breach of bailment contract, and breach of implied contract.
The plaintiffs are seeking at least $105 million in damages, punitive damages, and a jury trial.
