“NOBODY has seen it yet, including any of the agencies, and worldwide rights are available,” a mid-June email to Netflix said.
This offer was so enticing that it generated an enthusiastic response “the very same day,” the complaint said. When Netflix sent instructions to share a screener, it allegedly told the production company to deliver it unlocked, meaning it remained unencrypted the entire time it was in Netflix’s possession.
“This timing allows us to test the content and ensure a streamlined screening,” Netflix’s instructions said.
The production company asked Netflix in person and in writing to agree to delete any files transferred to a projector during screening and to arrange to promptly return the screener after viewing.
Days went by, though, and although Netflix acknowledged that it received requests to return the screener, it “failed to arrange is return.” After more than a week had passed, Netflix stopped responding, the complaint said.
Finally, Op-Fortitude’s representative pressed Netflix to return the screener immediately. That’s when Netflix’s Berney admitted that the drive had been stolen. Netflix claimed that it had been on “high alert” for a week while working with security teams, but they’d had “no luck” identifying the thief or recovering the stolen drives.
“Netflix had known about the theft” for “days or even a full week,” the complaint said, but did not notify the production company. And now Netflix is evading accountability, the complaint suggested, despite knowing it could have taken steps to protect the movie while in its care.
As the complaint alleged:
Netflix left the [drive]—which Netflix knew to be unencrypted—on an office desk where it could be picked up and stolen, rather than exercising even minimal security measures, such as storing it in a locked or otherwise secured location, storing it in a location monitored by security cameras, requiring a staff member to assume responsibility for its location and security the entire time it was in Netflix’s custody, and/or otherwise controlling and tracking its chain of custody.
Netflix accused of hiding evidence
For Afram, the frustrations don’t end there. He has alleged that Netflix “failed and refused to provide Plaintiffs with any information about the nature, scope, status, or results of any investigation or other security efforts” to reclaim the stolen property.