SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

FORM 8-K

 

CURRENT REPORT

 

Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

 

Date of report (Date of earliest event reported): January 12, 2004

 

LIBERATE TECHNOLOGIES

(Exact Name of Registrant as Specified in Charter)

 

Delaware

 

000-26565

 

94-3245315

(State or Other Jurisdiction
of Incorporation)

 

(Commission
File Number)

 

(IRS Employer
Identification No.)

 

 

 

 

 

2 Circle Star Way, San Carlos, California

 

94070-6200

(Address of Principal Executive Offices)

 

(Zip Code)

 

 

 

 

 

Company’s telephone number, including area code: (650) 701-4000

 

 

 

 

 

Not applicable

(Former Name or Former Address, if Changed Since Last Report.)

 

 



 

Item 7.  Financial Statements and Exhibits

 

 

Exhibit
Number

 

Description

 

 

 

 

 

99.1

 

Press release dated January 12, 2004.

 

 

Item 9. Regulation FD Disclosure.

 

The following information is furnished pursuant to “Item 12. Results of Operations and Financial Condition.”

 

On January 12, 2004, Liberate Technologies issued a press release announcing its financial results for the quarter ended November 30, 2003. A copy of the press release is furnished as Exhibit 99.1 to this report.

 

In accordance with the procedural guidance in SEC Release No. 33-8216, the information in this Form 8-K and the exhibit attached to this Form 8-K are being furnished under “Item 9. Regulation FD Disclosure” rather than under “Item 12. Results of Operations and Financial Condition.”  The information shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934 (the “Exchange Act”) or otherwise subject to the liabilities of that section, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933 or the Exchange Act, except as expressly set forth by specific reference in such a filing.

 

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SIGNATURES

 

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

 

LIBERATE TECHNOLOGIES

 

 

 

 

 

 

 Date: January 12, 2004

By:

/s/ Gregory S. Wood

 

 

Name:

Gregory S. Wood

 

Title:

Executive Vice President and Chief Financial
Officer

 

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EXHIBIT INDEX

 

Exhibit
Number

 

Description

 

 

 

99.1

 

Press release dated January 12, 2004 announcing financial results of Liberate Technologies for the quarter ended November 30, 2003.

 

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