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An unreleased World War II spy film starring Nicolas Cage has become the centerpiece of a legal battle that reads like a thriller in its own right. Producer and financier Simon Afram, along with his British production company Op-Fortitude Ltd., is suing Netflix for $105 million in California federal court, alleging that a master copy of the film disappeared right off a Netflix office desk in Hollywood — while Netflix, in turn, accuses Afram's law firm of trying to shake the company down for $165 million.

A Security Lapse With a Steep Price Tag

According to Wednesday's complaint, Netflix mishandled the film — titled "Fortitude" — after an unencrypted master copy was allegedly stolen straight from company premises. Afram claims Netflix knew the copy lacked encryption yet still left it sitting on an office desk "where it could be picked up and stolen, rather than exercising even minimal security measures," a lapse he frames as a clear breach of basic care.

Silence, Then a Shift in the Story

Afram alleges that after the theft, Netflix stonewalled every attempt to get answers — declining to explain how the theft occurred, the scope of any internal investigation, or whether a police report was ever filed. He also claims the company later tried reframing the stolen package as merely "missing," a word choice he suggests was designed to soften the reality of what happened.

"These obfuscations and efforts to change the narrative of the stolen digital cinema package have caused plaintiffs to suspect that Netflix is suppressing, hiding, and potentially spoliating information and evidence that is highly relevant to the location, disposition, and value of plaintiffs' unique and tremendously valuable asset," the complaint states — language that paints Netflix's response as evasive at best.

The Legal Claims on the Table

Afram's lawsuit accuses Netflix of conversion, breach of bailment contract and breach of implied contract, seeking at least $105 million in economic damages on top of punitive damages and legal costs — a demand that treats the missing film not as a mere inconvenience, but as the loss of an irreplaceable asset.

The Film Behind the Fight

Seven Years, $45 Million and a Real-Life Spy Story

"Fortitude" wasn't a quick production by any measure — it took more than seven years to bring to life, with Afram personally sinking upward of $45 million of his own money into the project, according to the complaint. Directed by Simon West, known for "Lara Croft: Tomb Raider" and "The Expendables 2," the film features Cage alongside Sir Ben Kingsley in a cast built for prestige.

The story centers on Dusko Popov, a real-life World War II spy Afram describes as the inspiration behind Ian Fleming's James Bond character — a detail that gives the film's subject matter its own built-in mythology. Its title nods to "Operation Fortitude," a real wartime intelligence operation involving a network of double agents working alongside the British Army and Allied Nations to set a trap for Adolf Hitler and his forces.

Afram also emphasized the film's technical uniqueness, noting it was shot on 35 millimeter celluloid specifically to visually match the era it depicts — a choice meant to root the film authentically in its historical setting rather than lean on modern digital polish.

How the Theft Allegedly Unfolded

A Delivery, Then Radio Silence

Per the complaint, the film's associate producer, Daniel Haido, hand-delivered the unencrypted master copy to Netflix's Hollywood studios on the morning of June 15, as arranged, so the streamer could screen it for possible acquisition. But after the screening wrapped, Netflix allegedly went silent for more than a week, offering no word on when or how Haido could retrieve the film.

The Email That Broke the Silence

That silence ended abruptly on the afternoon of June 25, when Sean Berney, Netflix's director of Netflix Original Film, emailed Haido with a subject line that needed no elaboration: "Stolen DCP" — DCP referring to the digital cinema package Haido had delivered weeks earlier.

The email revealed, for the first time, that "someone stole a good amount of drives from our office desks this past week," according to the complaint — a disclosure that arrived only after Afram's team had already been left waiting in the dark.

"Netflix's email indicated that Netflix had known about the theft of the DCP for potentially a full week without ever advising plaintiffs that Netflix had allowed plaintiffs' DCP, which cost over $45 million to make, to be stolen right off a Netflix desk," Afram alleged — a timeline gap he says compounds the company's negligence.

A Dismissive Response, According to the Complaint

Afram also claims the Netflix executive downplayed the situation, suggesting the stolen drive would likely be sold "for scrap" since it required a key to unlock — an assertion Afram says rings hollow given that Netflix already knew the drive itself wasn't encrypted in the first place.

The Damage Claimed

Lost Exclusivity, Lost Opportunity

Central to Afram's case is the idea that much of "Fortitude's" value hinged on its exclusivity as an unreleased, first-to-market film. By losing control of the copy, Afram argues, Netflix "destroyed that exclusivity" and "impaired the film's marketability" — turning what should have been a carefully guarded debut into an unknown risk.

"The resulting damage to plaintiffs is profound," Afram asserted in the complaint. "Through its mishandling of the film and subsequent dismissiveness, Netflix has jeopardized plaintiffs' investment of over $45 million and the significant value of the film itself."

He further argues that Netflix's alleged negligence robbed the film's cast and crew of the chance to bring their work to market and receive the recognition "that a properly marketed worldwide release likely would have generated" — framing the loss as one that extends well beyond dollars and cents.

Voices From Both Sides

Afram Speaks Out

In a statement to Law360, Afram said the film ultimately belongs to the "extraordinary cast and their performances of a lifetime that deserve to be seen and recognized." He added: "It represents the moment these artists have earned, the story the survivors and their families entrusted to us, and seven years of work by hundreds of people."

His attorney, Neville L. Johnson of Johnson & Johnson LLP, said Afram and Op-Fortitude "do not take litigation lightly," but felt an obligation to the film's cast and crew, along with the real-life survivors and families portrayed in the story, to ensure the film receives "the recognition, respect, and accolades that it deserves."

Netflix Pushes Back Hard

Netflix, for its part, isn't backing down. A company spokesperson told Law360 that Netflix "disputes any claim that it bears the risk of loss for a film delivered without the proper industry-standard safeguards."

"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 spokesperson said, pointing to a thorough internal investigation and an offer to monitor known piracy sites for unauthorized distribution.

The company went further, taking direct aim at Afram's legal team: "We have declined to share anything about our ongoing investigation with the law firm representing Simon Afram, given their hostile attempts to extort money from Netflix over this situation — including immediately demanding $165 million for the film rather than work with us in good faith."

The Legal Lineup

Op-Fortitude is represented by Caroline H. Mankey and Christopher N. McAndrew of Akerman LLP, alongside Neville L. Johnson and Hyura Choi of Johnson & Johnson LLP. Counsel information for Netflix was not immediately available, leaving the streaming giant's formal legal response still to come as the case moves forward.