Netflix sued for $105m over stolen Nicolas Cage war thriller

Netflix faces a $105 million lawsuit over the theft of a hard drive containing an unreleased Nicolas Cage war thriller, "Fortitude," from its Los Angeles office. The film's producers allege that the streamer's failure to implement industry-standard safeguards led to the loss of the $45 million-budgeted film.

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

The lawsuit claims that Netflix's mishandling of the film and subsequent dismissiveness have jeopardized the plaintiffs' investment and the movie's value. Any future international release strategy and awards campaign have been put on hold. "The resulting damage to plaintiffs is profound," the lawsuit states, adding that Netflix has deprived the film, its cast, and creators of the opportunity to bring their work to market and gain recognition.

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While we do not own the rights to Fortitude, we take content security seriously and have taken extra measures to support the film-maker and his team. This includes conducting a thorough investigation and offering to monitor known piracy sites for any unauthorized distribution or sale.

Netflix, however, disputes the claim, asserting it does not bear the risk of loss for a film delivered without proper safeguards. A spokesperson stated, "While we do not own the rights to Fortitude, we take content security seriously and have taken extra measures to support the film-maker and his team." The streamer claims it has conducted an investigation and offered to monitor known piracy sites.

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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.

Netflix reportedly received a digital copy of the film in June for internal screening after expressing interest in promotional materials late last year. The filmmakers instructed Netflix to delete the files afterward. Sean Berney, head of Netflix film acquisitions, noted in an email that this was a first for the company and that their piracy teams are on high alert. The lawsuit also accuses Netflix of failing to disclose details about an initial police report and declining a request to involve the LAPD after the filmmakers filed their own report.

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The resulting damage to plaintiffs is profound. Through its mishandling of the film and subsequent dismissiveness, Netflix has jeopardized 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.