We’ve all wandered around our workplace trying to figure out where our keys or the last cup of coffee might be. Sure, it’s irritating, but probably not as stress‑inducing as trying to locate a drive containing an unencrypted master copy of a World War II thriller that isn’t where it’s supposed to be.
While the espionage in the spy thriller “Fortitude” is supposed to take place on the big screen, the real action appears to be happening in the form of a lawsuit filed against Netflix in a California federal court by production company Op‑Fortitude and writer‑producer Simon Afram, who allegedly spent seven years and $45 million making it. The July 29 filing states that a hard drive containing the unreleased Nicolas Cage movie was given to Netflix in mid‑June of this year for a possible sale, with the drive’s content security disabled at Netflix’s request. When the plaintiffs requested the drive’s return, Netflix claimed that it had been stolen off a desk, along with several other hard drives.
Arguing that their commercial prospects are irrevocably ruined by the threat of unauthorized distribution of their unsold and unreleased film, Op‑Fortitude and Afram filed a $105 million lawsuit seeking damages from the streaming giant. Netflix has responded by stating that it’s “not liable” for the hard drive’s apparent theft, noting that the film has yet to show up on any piracy sites, and alleging that the lawsuit is part of an extortion plan that included a $165 million demand letter. With both sides digging into their trenches, the verbal and legal bombardments may only just be beginning.
No, No, the One on Broadway About Tricking Hitler Is ‘Operation Mincemeat’
The movie in question is based on Operation Fortitude, a military deception plan employed by the Allies in World War II to trick German forces about the location of D‑Day, the planned invasion of Europe. It involved extensive use of double agents and allowed German intelligence operatives to “intercept” information pointing to Pas‑de‑Calais as the probable landing point, drawing attention and defenses away from the actual targeted beaches at Normandy. There was reportedly a great deal of infighting between those in charge of the operation, with an early plan being entirely scrapped at one point.
While there have been several novels that used the framework of the Allied operation, “Fortitude” appears to be the first large‑scale attempt to bring the tale of espionage to movie theaters and/or streaming platforms. In addition to Cage, who plays a character based on a flamboyant Yugoslav lawyer‑spy, the cast includes Sir Ben Kingsley and Alice Eve. It was directed by Simon West.
According to the lawsuit, the plaintiffs decided to shop “Fortitude” to movie studios and streaming services, with plans to accept the largest bid. Their first stop was Netflix. The complaint claims that Netflix Head of Film Acquisitions Sean Berney requested that the filmmakers disable the encryption for the hard drive’s digital cinema package (DCP), an industry‑standard safeguard. They did so and delivered “Fortitude” on June 15, 2026, with the lawsuit alleging that they instructed Netflix employees both verbally and in writing to delete the film from the hard drive after the screening.
Instead of confirming deletion or arranging for the hard drive to be picked up, Netflix alerted Op‑Fortitude and Afram on June 25 via email that the drive containing their movie, along with several other drives, had apparently been “stolen from office desks.” Neither its security teams nor its piracy teams could determine what had happened, and Netflix offered to replace the DCP (indicating it hadn’t deleted it as instructed) or compensate them for the cost of the hard drive.
With $45 million in the game, those weren’t acceptable options for Op‑Fortitude and Afram. When Netflix passed on the terms dictated in a demand letter, the filmmakers became plaintiffs.
Coming Soon to a Torrent Near You?
The lawsuit claims that Netflix had not even bothered to file a police report for the missing drive, asserting that the lack of an appearance on piracy sites indicated that the drive had probably been scrapped by the alleged thief. It states that the possibility of a leaked copy being distributed will adversely affect any bids for the film’s purchase. The causes of action accuse Netflix of conversion, breach of bailment contract, and breach of implied contract. Stating that Netflix has seriously undermined the potential sale price of “Fortitude,” the lawsuit seeks at least $105 million in damages in a jury trial.
This is not the only legal filing by the “Fortitude” crew. Afram sued Martin Scorsese over $500,000 allegedly paid to the legendary filmmaker to develop the film, which was not done to Afram’s satisfaction. The suit was settled for an undisclosed amount in 2024. With seven years already spent trying to get “Fortitude” out where audiences can see it, Op‑Fortitude and Afram are undoubtedly hoping Netflix’s belief that the copy was destroyed proves accurate.
