Netflix sued after $45M Nicolas Cage film drive stolen from desk

An unencrypted drive containing the unreleased Nicolas Cage film “Fortitude” was stolen from Netflix’s offices, according to a lawsuit filed on July 30, 2026. The suit, brought by production company Op-Fortitude and financier Simon Afram, accuses the streaming giant of negligence, breach of contract, and failing to secure the drive.

Op-Fortitude and Afram allege Netflix waited a week to disclose the theft of multiple drives, one of which held the hotly anticipated blockbuster. In an email, Sean Berney, Netflix’s director of original film, acknowledged that “someone stole a good amount of drives from our office desks this past week.” He offered to pay for the missing drive but incorrectly claimed thieves would need a key to unlock it, even though Netflix had asked for it to be delivered without encryption.

The plaintiffs argue that Netflix’s lax security — leaving the unencrypted drive on an open desk — risks a devastating online leak that would destroy the film’s exclusive first-to-market appeal. They seek at least $112.5 million in damages, equal to 2.5 times the $45 million production budget, plus punitive damages. A pre-lawsuit demand letter sought $165 million, which Netflix calls an extortion attempt.

A Netflix spokesperson stated that only the “Fortitude” drive contained content and that the production company was responsible for encrypting it. The company said there is no evidence yet of a leak and that it has taken extra measures, including monitoring piracy sites. Netflix disputes liability, insisting it bears no risk for material delivered without industry-standard safeguards.

Directed by Simon West, “Fortitude” stars Cage and Sir Ben Kingsley in the true story of a World War II spy who inspired Ian Fleming’s James Bond. Shot on 35mm film, it follows double agents plotting to trap Adolf Hitler. Afram spent seven years and $45 million on the project and had planned to sell worldwide rights to the highest bidder, with Netflix getting the first preview.

The lawsuit claims Netflix ignored requests to return the screener for days before revealing the theft and has since refused to share details of its internal investigation or confirm if a police report was filed. Neville Johnson, the plaintiffs’ attorney, said the suit aims to protect the cast, crew, and the real-life heroes portrayed.

On July 31, 2026, Afram said that “the worldwide rights remain available” and that he hopes to find a distribution partner despite the theft.