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After Netflix failed in its duty of care to the film, it's not fathomable that a sophisticated investor would spend tens of millions to acquire it, then tens of millions more to market it, given that there's a constant risk that it could appear online to be viewed widely for free at any time. That's why damages are the only appropriate remedy in this situation.
Netflix does not accept that it bears the responsibility for the film as it was unencrypted, contrary to industry-wide safeguards in place. While it took efforts to support the filmmaker and his team, his lawyers immediately tried to extort Netflix for $165 million.