Netflix has been hit with a $105 million lawsuit after the streaming company reportedly lost a copy of the World War II film Fortitude, starring Nicolas Cage and Ben Kingsley.
The company lost its unencrypted copy of the movie that had been submitted to Netflix headquarters in June for consideration of whether the company would buy the rights. But when the filmmakers tried to get the movie back, Netflix stopped responding.
Netflix hit with $105 million suit after losing copy of Nicolas Cage film
In the lawsuit filed on Wednesday, Simon Afram, a Swiss businessman, said he has worked in the movie for over a decade, first spent years writing the script, then seven years bringing the $45 million movie to the screen. In the complaint, it is stated that they had submitted a Digital Cinema Package (DCP) to Netflix headquarters in June.
After a week of trying to get a response, the streaming company replied, saying that the copy of the movie had been stolen.
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However, the plaintiffs have said that they were informed via a Netflix email that “someone stole a good amount of drives from our desks this past week,'' including the one containing Fortitude.
“This is a first for us,” wrote Sean Berney, director of original film at Netflix. “Unfortunately, someone stole a good amount of drives from our office desks this past week. We’ve been working through this with our security teams to no luck.”
Following the alleged theft, the producers argue that the movie’s value has been “destroyed” because distributors are unlikely to buy a film that could appear on piracy sites.
“It is not fathomable that a sophisticated buyer would invest tens of millions of dollars to acquire the film — and tens of millions more to market it — while facing the constant risk that it could appear online to be viewed widely for free at any time,” the lawsuit said.
What has Netflix said on the lawsuit?
In its defence, Netflix said makers must share unreleased films either via a password-protected link or through an encrypted DCP that can only be viewed with a Key Delivery Message (KDM). Netflix argues the filmmakers are responsible for failing to take those precautions.
“Netflix disputes any claim that it bears the risk of loss for a film delivered without the proper industry-standard safeguards,” the company said in a statement.
But on this, the lawsuit says that his team has followed all the directions. “If the DCP is encrypted, please have the keys open from the time the asset lands through EOD on 6/16,” they said.
Netflix also said it has taken extra measures to support the filmmaker and his team.
“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,” the company said. “This includes conducting a thorough investigation and offering to monitor known piracy sites for any unauthorized distribution or sale.”

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