The legal battle between Netflix and the producers of the upcoming World War II espionage thriller Fortitude has intensified, with the film’s producer adding a defamation claim to an existing lawsuit over the alleged theft of the movie’s hard drive after it was delivered to the streaming giant for a potential acquisition, reports Deadline.
Producer, writer and financier Simon Afram, along with production company Op-Fortitude Limited, initially sued Netflix, alleging that an unencrypted Digital Cinema Package (DCP) containing the completed film was delivered to the company’s headquarters for a private screening.
According to the lawsuit, Netflix was instructed to delete the files after reviewing the film for a possible purchase.
The producers claim that after the screening, around 16 June, a Netflix executive informed them that the DCP files had been stolen.
However, they allege the company declined to provide further details about the incident, prompting legal action.
The original lawsuit, filed in a U.S. District Court in Los Angeles, sought at least $105 million in damages and accused Netflix of, among other things, breaching an implied contract.
The amended complaint now includes a defamation claim in response to Netflix’s public statement after the lawsuit was filed. In that statement, a Netflix spokesperson accused Afram’s legal team of making “hostile attempts to extort money” from the company by “immediately demanding $165 million for the film rather than work with us in good faith.”
Afram’s legal team disputes that characterization, arguing that the allegation is false and damaging.
According to the amended lawsuit, the first letter sent by the producer’s attorneys on 29 June, 2026, merely requested information about the theft and sought a meeting with Netflix. It did not include any financial demand.
The complaint states that Netflix declined to provide additional information on 30 June, and only after that response did the producers’ lawyers send a subsequent letter on 1 July requesting $165 million in compensation for the alleged loss of the film and its exclusive first-to-market value.
The amended filing argues that Netflix responded to legitimate requests for information by falsely accusing Afram of criminal conduct rather than addressing the alleged security failure.
Netflix has declined to comment further beyond its previous statement.
The company has also maintained that it disputes any claim that it bears responsibility for the loss of a film delivered without industry-standard security measures.
It added that although it does not own the rights to Fortitude, it takes content security seriously and has taken additional steps to support the filmmakers during the investigation.
Directed by Simon West, Fortitude is based on the true story of British intelligence operations that helped deceive Nazi leadership during World War II.
The film stars Nicolas Cage as real-life double agent Dusko Popov, whose exploits are widely believed to have inspired Ian Fleming’s James Bond.
The ensemble cast also includes Matthew Goode, Ben Kingsley, Ron Perlman and Michael Sheen.
The case remains ongoing.
