Lawsuit Alleges Netflix Responsible for Stolen Unencrypted Film
More than a month after the lawsuit was filed, the full story behind the alleged theft remains under investigation. On June 15, an associate producer named Daniel Haido personally handed over a master copy of the film 'Fortitude' to Netflix's Sunset Bronson Studios. That Digital Cinema Package, often called a DCP, was prepared for theatrical projection and could be accessed without the encryption keys typically required in the industry.
Haido explicitly told Netflix that the files were unencrypted and needed to be deleted from their system after the June 16 screening. He also requested the company to inform him when the physical drive was ready to be returned to him.
Netflix insists that it is not at fault for the missing film, pointing to a lack of standard security protections in its defense. As stated in their public response, shared by Variety, the company denies any responsibility for the loss of a film that was not delivered with the required encryption. They argue the filmmakers made an unsecured delivery and should have taken more precautions.
However, the production team counters that Netflix's own delivery instructions allowed for unencrypted materials to stay accessible until the end of the screening. They believe the company accepted the drive knowing the risks and is therefore responsible for ensuring its security.
On June 25, Netflix executive Sean Berney sent an email to the filmmakers stating that several drives had been stolen from office desks over the previous week. This included the one containing 'Fortitude.' Berney reportedly said that Netflix had tried but failed to recover the drives and was actively monitoring for potential leaks.
The filmmakers claim that Netflix was aware of the theft for several days before informing them. In response to the loss, Netflix offered to reimburse the cost of the drive or create a new DCP. However, the filmmakers argue that neither solution addresses the broader damage to the film's commercial value and market potential.
The lawsuit's initial demand of $165 million has now been reduced to $105 million. Yet, the financial claims still cover lost sales, reduced market value, and harm to ancillary rights such as merchandising and awards campaign opportunities. The filmmakers say the disappearance of the film has led to stalled distribution plans and weakened their position when negotiating with potential buyers.
Simon Afram, the writer and producer of 'Fortitude,' claims he personally invested over $45 million and spent seven years working on the project. He argues that the film needs to generate at least $112.5 million to break even under the initial financial assumptions. The lawsuit now includes claims for production losses, lost sales, reduced market value, potential lost profits, and harm to related rights.
The lawsuit lists several legal claims, including conversion, breach of a bailment contract, and breach of an implied contract.
Directed by Simon West, 'Fortitude' is a war thriller based on the historical Allied deception campaign that misled Nazi Germany about the location and timing of the D-Day invasion.
The production was shot on 35mm film and had been originally scheduled for a worldwide theatrical release in late 2026. However, the filmmakers now say they have temporarily paused their distribution plans, citing the loss of the film as a major issue.
Despite the claims, no copy of 'Fortitude' appears to have surfaced online so far, and Netflix maintains it is monitoring for unauthorized distribution. Meanwhile, the production team continues to push for accountability, arguing that Netflix's actions have had a lasting impact on the film's commercial viability and future prospects.