Summary
- Netflix is being sued for $105 million following the theft of a copy of Fortitude.
- The unreleased Nicolas Cage film has a budget of more than $45 million.
- The file was stored on a hard drive stolen from the company’s Los Angeles offices.
- The producers argue that the film’s international release and commercial value are now at risk.
- Netflix denies liability and says it is monitoring for possible piracy leaks.
Netflix is facing a $105 million lawsuit following the theft of a hard drive containing a copy of the unreleased war film Fortitude, starring Nicolas Cage.
The producers of Fortitude have filed a lawsuit against the streaming platform, claiming that a digital copy of the film was lost when several hard drives were stolen from Netflix’s Los Angeles offices.
The case is particularly significant because the film has a budget of more than $45 million and, according to its creators, the risk of a leak has jeopardized its commercial sale, international release strategy and potential awards campaign.
How the film reached Netflix’s offices
Netflix reportedly expressed interest in promotional material for Fortitude in late 2025. In June 2026, the company received a digital copy so that its executives could conduct an internal screening and evaluate the film.
According to the lawsuit, the producers instructed Netflix to delete the files after the screening had been completed. However, a copy remained on one of the storage devices stolen from the company’s premises.
The producers’ allegations
The plaintiffs accuse Netflix of failing to handle and protect the file adequately, as well as mishandling its response following the theft.
They claim that they were not properly informed about whether an initial police report had been filed. They also allege that, after submitting their own report, Netflix declined their request to cooperate with the Los Angeles Police Department.
The lawsuit seeks $105 million in damages, with the filmmakers arguing that the incident has undermined both their investment of more than $45 million and the production’s wider commercial value.
Netflix’s position
Netflix rejects the suggestion that it bears the financial risk for the loss of a film which, according to the company, was delivered without the standard security safeguards normally used within the film industry.
The company notes that it does not own the rights to Fortitude but says that it takes content security seriously. It also states that it conducted an internal investigation and offered to monitor known piracy websites for any unauthorized distribution or sale of the film.
Netflix film acquisitions chief Sean Berney reportedly informed the producers that this was the first time the company had experienced this type of theft. He also said that its security and anti-piracy teams had been placed on alert.
What is Fortitude?
Fortitude is an espionage thriller set in London during the Second World War. Its story follows British intelligence operatives whose actions influence the course of the conflict.
The film stars Nicolas Cage, Matthew Goode, Michael Sheen and Ben Kingsley. It is directed by Simon West, whose previous credits include Lara Croft: Tomb Raider and The General’s Daughter.
Screenwriter and producer Simon Afram said he had spent seven years bringing the story to the screen. He also emphasized that the film represents the collective work of its actors and crew, whose performances may now be prevented from reaching audiences through a conventional release.
The previous dispute involving Martin Scorsese
Martin Scorsese was involved during an earlier stage of Fortitude’s development. Afram previously filed a lawsuit against him, claiming that the director received $500,000 to assist with the development of the project but failed to provide the expected support.
Scorsese’s lawyers rejected those allegations, attributing the disagreement to differing expectations about the film production process. That case was later settled.
What is at stake for the film
The producers’ primary concern is that an unreleased copy could appear online before any distribution agreement is completed. Such a leak could substantially reduce the film’s value to streaming services, theatrical distributors and international buyers.
The filmmakers claim that the uncertainty has already resulted in the suspension of the film’s international release plans and intended awards campaign. So far, however, there has been no publicly confirmed leak or unauthorized release of Fortitude.
What we think
The case illustrates how critical the protection of digital files has become before a film’s official release. Legal responsibility will ultimately be determined by the courts and will depend on the file delivery terms, the security measures agreed upon and the actions taken by both parties after the theft. Regardless of the outcome, the incident is a serious reminder that the physical theft of a single storage device can place an entire international production at risk.
Frequently asked questions
Why is Netflix being sued?
The producers of Fortitude claim that Netflix failed to protect a digital copy of the film adequately. The copy was stored on a hard drive stolen from the company’s Los Angeles offices.
How much money are the producers seeking?
The lawsuit seeks $105 million in damages, while the film’s reported production budget exceeds $45 million.
Has Fortitude leaked online?
There has been no publicly confirmed leak of the film. Netflix says it is monitoring known piracy platforms for possible unauthorized distribution or sale.
Who stars in the film?
Fortitude stars Nicolas Cage, Matthew Goode, Michael Sheen and Ben Kingsley.
When will Fortitude be released?
No release date has been announced. According to the lawsuit, plans for its international distribution and awards campaign have been placed on hold.
