Los Angeles, CA – Netflix is facing a $105 million lawsuit from Swiss filmmaker Simon Afram, who claims the streaming giant lost an unencrypted copy of his World War II film *Fortitude*, starring Nicolas Cage and Ben Kingsley. According to the lawsuit, Afram spent seven years and $45 million to produce the film, only to have its digital cinema package stolen after an associate producer dropped it off at Netflix’s headquarters for consideration. The complaint alleges that Netflix was unresponsive when Afram tried to retrieve the film, later acknowledging it was stolen.
The lawsuit cites an email from Sean Berney, Netflix’s director of original film, who reportedly wrote: “This is a first for us. Unfortunately, someone stole several drives from our office desks this past week. We’ve been working through this with our security teams to no luck.” The film, which has had a troubled history, previously saw Afram sue filmmaker Martin Scorsese in 2023, accusing him of pocketing $500,000 to serve as an executive producer without contributing to the project. Scorsese’s lawyers countersued, and the parties settled out of court the following year.
Netflix has disputed the claim, stating: “Netflix disputes any claim that it bears the risk of loss for a film delivered without the proper industry-standard safeguards.” The case highlights the risks associated with sharing unreleased content and the high stakes involved in film production and distribution. As the lawsuit proceeds, it raises questions about security protocols and liability in the entertainment industry.
