Swiss businessman Simon Afram and Op-Fortitude have filed a lawsuit against Netflix, seeking $105 million in damages. The plaintiffs accuse the streaming giant of negligence leading to the theft and loss of an unencrypted master hard drive containing footage for an unreleased World War II feature film, as reported by Variety.

According to the legal filing, the filmmakers attempted to negotiate a distribution deal with Netflix in June. A co-producer personally delivered the master hard drive, containing raw archival and production footage, to Netflix headquarters for internal review. However, when the agreed return date arrived, Netflix representatives cut off communication and subsequently claimed the drive had been stolen.

In a message addressed to the production team, Sean Berney, Director of Original Film Operations at Netflix, stated:

"This is unprecedented in our operations. It appears that someone stole several hard drives directly from an office desk last week. We are actively investigating this alongside our security team, but there are no results as of yet."

The lawsuit concerns the film "Fortitude," directed by Simon West (known for Con Air). Pre-production and filming spanned seven years with a budget of $45 million. The narrative centers on Operation Fortitude, a high-stakes Allied deception operation during World War II, and features a high-profile cast including Nicolas Cage, Ben Kingsley, and Ron Perlman.

Simon Afram emphasized that the high risk of data leaks combined with the loss of market exclusivity has severely compromised the commercial viability of the project, rendering prospective sales to alternative studios virtually impossible.

In response, Netflix maintains that it cannot be held liable for lost materials handed over without basic industry-standard security protocols, specifically citing the lack of file encryption. The company denies all allegations of negligence, characterizing the lawsuit as an attempt to extract funds. Conversely, the filmmakers assert that the encryption was intentionally removed at Netflix's explicit direction and procedural requirement.