A billionaire film financier has filed an amended defamation lawsuit against Netflix, accusing the streaming giant of making false accusations of extortion against his legal team. The suit, filed by writer-producer Simon Afram, stems from a $45 million unreleased Nicolas Cage film, titled "Fortitude," which was allegedly stolen from Netflix's Hollywood offices in June.
Afram's lawsuit, initially filed in July for breach of contract, was expanded on Tuesday in federal court to include claims of defamation. The expansion targets a statement Netflix provided to the press, which accused the law firms representing Afram of "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 amended complaint asserts that Netflix's statement was not a casual remark but a "planned, crafted, and very intentional statement made by a sophisticated party that knowingly accused Mr. Afram and his law firm very publicly of committing the serious crime of attempted extortion."
The Stolen Film
The central issue involves the master copy of "Fortitude," a World War II thriller directed by Simon West, starring Nicolas Cage. According to court documents, an associate producer, Daniel Haido, delivered an unencrypted digital cinema package (DCP) of the film to Netflix on June 15 at the streamer's request for a screening. Haido had reportedly provided explicit instructions, both verbally and in writing, for the files to be deleted from Netflix's systems after the screening.
Court papers allege that a Netflix executive sent an email to members of the film team on June 25, acknowledging that "someone stole a good amount of drives from our office desks this past week." The email also stated that their "piracy teams are on high alert with the breach and will monitor."
Afram's initial lawsuit claimed that Netflix "recklessly, carelessly, and negligently [failed] to protect the confidentiality and security" of the film's master copy. The suit also claims Netflix refused to confirm if a police report had been filed and rebuffed requests to involve the Los Angeles Police Department in the investigation.
Netflix has disputed these claims, stating that it "disputes any claim that it bears the risk of loss."
Escalating Legal Battle
The new defamation claim specifically targets Netflix's use of the word "extort." Afram's legal team argues that extortion is a crime with a legal definition and that Netflix knowingly and publicly accused him and his representatives of committing it.
Afram, described as a billionaire in film finance circles, has characterized "Fortitude" as a seven-year passion project. The film also features an ensemble cast including Ben Kingsley, Matthew Goode, Michael Sheen, Ron Perlman, Art Malik, Jordi Mollà, Lukas Haas, Ed Skrein, Alice Eve, Paul Anderson, and Emilio Sakraya.
This legal conflict represents a significant escalation in the dispute over the stolen film. Afram is seeking damages to be determined at trial, without currently asking for an additional sum beyond the original $105 million breach-of-contract claim.