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Netflix denied any wrongdoing. The company stated it disputes bearing the risk of loss for a film delivered without proper industry-standard safeguards. Netflix said it takes content security seriously, conducted a thorough investigation, and offered to monitor piracy sites. It added that password protection and encryption are standard, rejected claims it requested an unlocked copy, and said the filmmakers voluntarily provided an unencrypted version.
The lawsuit stated Netflix showed interest in promotional material late last year and sought a private screening between late 2025 and mid-2026. The plaintiffs sent a digital copy for internal screening, instructing Netflix to delete the files afterwards and informing them the drive was unencrypted. Netflix reportedly received the film copy in June 2026, with an unencrypted digital master drive delivered on 15 June and the screening held on 16 June.
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The plaintiffs claimed Netflix left the unencrypted file unattended on an office desk without basic security controls, and it later disappeared. Requests to collect the drive between June 17 and 25 were postponed or ignored. On 25 June, a Netflix executive emailed that drives had been stolen from office desks. Netflix's head of film acquisitions said it was the first such theft and that piracy teams were monitoring the breach.
The lawsuit further alleged Netflix downplayed the incident by suggesting the stolen drive required an encryption key, despite knowing it was unencrypted. Plaintiffs said Netflix offered to reimburse only the physical drive cost and described the asset as missing rather than stolen.
They have accused Netflix and its counsel of refusing to answer questions about the investigation and declining to involve the Los Angeles Police Department after the filmmakers filed their own report. Netflix said it withheld investigation details due to the plaintiffs' conduct, including an immediate $165 million demand.
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The plaintiffs said the damage is severe as the film's exclusivity and distribution value have been compromised. Test screenings showed an 82% top-two box audience score, with estimated revenue of at least $112.5 million, about 2.5 times the production budget. They stated Netflix's mishandling jeopardised their $45 million investment and the film's value, depriving the cast and creators of market and recognition opportunities.
Fortitude is a London-set espionage thriller about British intelligence operatives altering the course of the second world war. It is based on Operation Fortitude, the Allied deception campaign to mislead Nazi Germany about the D-Day invasion. Nicolas Cage stars alongside Matthew Goode, Michael Sheen, and Ben Kingsley. The film is directed by Simon West, known for Tomb Raider and The General's Daughter.