Why is Netflix being sued over unreleased film ‘Fortitude’? Reasons explored

Photo Illustration - Netflix: Q2 2026 Financial Results - Source: Getty
Photo Illustration - Netflix: Q2 2026 Financial Results - Source: Getty

Netflix is facing a lawsuit for an unreleased movie reportedly titled ‘Fortitude.’ The film's producers have filed a lawsuit after an unreleased movie was stolen from Netflix's Los Angeles office.

Writer-producer Simon Afram and his business, Op-Fortitude, filed a case in a federal court in California on July 30. They claim that the streaming app lost a copy of the World War II thriller that was provided for screening, which in turn jeopardized the film's sales. Therefore, they demand a minimum of $105 million.

One of the many disks that were taken from Netflix's office last month contained an unprotected master copy of the film.

According to streaming service’s report, the corporation found that the other drives were empty after they conducted an inquiry. In their statement, Netflix’s spokesman said:

“Netflix disputes any claim that it bears the risk of loss for a film delivered without the proper industry-standard safeguards,” a spokesperson said in a statement.

The platform offered to monitor any illegal sale or piracy of the stolen movie.

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

Netflix showed interest in Fortitude last year

In December last year, the executives of the OTT platform first showed interest in Fortitude after they received promotional materials. Also, they asked for a working cut in June this year.

As per the lawsuit, the company demanded the key to a digital cinema set from the makers to test the film internally. This cinema package is a means of distribution of movies as well as to restrict illegal access.

The disk was personally brought to the OTT’s Sunset Bronson Studios office in June by a Fortitude producer. According to reports, the producer informed Netflix that the DCP was unencrypted and gave them instructions to remove the files after the screening, way before giving them the movie disk.

The complaint states that ten days later, an official from the streaming app revealed that it had been stolen.

The company’s head of film acquisitions, Sean Berney, in an email wrote:

“Unfortunately, someone stole a good amount of drives from our office desks this past week. We’ve been working through this with out security teams to no luck. Our piracy teams are on high alert with the breach and will monitor.”

Netflix is accused in the lawsuit of failing to reveal whether it reported the crime to the police or contacted them to look into it. The complaint claims that after the makers submitted their own report, the OTT service company allegedly rejected their request to contact the LAPD.

Because any potential distribution partner would have to be informed that an unencrypted version was stolen prior to its official release, the producers contend that the theft has rendered the movie far more difficult to market.

They contend that this revelation could have an impact on marketing strategies, insurance protection, and acquisition talks in addition to raising the possibility that the movie will leak online prior to its official release.

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Edited by Shatakshi Gupta