Producer Simon Afram has filed a lawsuit against Netflix seeking $105 million in damages after an unencrypted master copy of his unreleased film 'Fortitude', starring Nicolas Cage, was allegedly lost by the streaming giant. According to CBS News and Reuters, the complaint was filed on Wednesday in California district court.
Key Takeaways
Producer Simon Afram has filed a $105 million lawsuit against Netflix after an unencrypted master copy of his unreleased film 'Fortitude,' starring Nicolas Cage, was allegedly lost by the streaming giant. The suit claims Netflix's actions have destroyed the film's value and marketability.
- Producer Simon Afram sues Netflix for $105M over lost film
- Unreleased Nicolas Cage movie 'Fortitude' allegedly misplaced by Netflix
- Film took seven years to complete with a $45M personal investment
- Netflix disputes responsibility, citing lack of industry-standard safeguards
- Lawsuit claims the loss has impaired the film's marketability
Source Claims Check
1 Difference Found| Claim | Status | Reason | |
|---|---|---|---|
| Netflix Responsibility | 1 Difference | CBS News and Reuters allege Netflix's responsibility; Reuters reports Netflix disputes this. | ▼ |
| Film Lost | Broad Agreement | Unencrypted master copy allegedly stolen | |
| Damages Sought | Broad Agreement | $105 million in damages | |
| Film Investment | Broad Agreement | $45 million personal investment by Afram |
The suit alleges that associate producer Daniel Haido hand-delivered the master copy to Netflix for screening as a potential buyer and verbally instructed an employee to delete the files afterward. A little over a week later, Netflix informed the filmmakers via email that the drive containing the film had been stolen, per CBS News.
The Los Angeles Times reports that Afram invested more than $45 million of his own money into 'Fortitude,' which took seven years to complete and features actors Nicolas Cage, Sir Ben Kingsley, and Ron Perlman. The film is based on Operation Fortitude, a World War II deception plan aimed at misleading the Nazis about the Allied invasion of Europe.
According to Reuters, Netflix has disputed any claim that it bears responsibility for the loss, stating that the film was delivered without proper industry-standard safeguards. A Netflix spokesperson told CBS News that while they do not own the rights to 'Fortitude,' they take content security seriously and have taken extra measures to support the filmmaker and his team.
The plaintiffs argue that Netflix specifically instructed them to deliver the unencrypted copy, citing delivery instructions which stated: 'If the DCP is encrypted, please have the keys open from the time the asset lands through EOD on 6/16.' The complaint alleged that the producer told a Netflix staffer that the copy was unencrypted.
The plaintiffs argue that the film's value has been destroyed because distributors are unlikely to buy a movie that could appear on piracy sites. The lawsuit seeks at least $105 million in damages, claiming that Netflix's actions have materially impaired the film's marketability by losing control of its exclusivity.
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