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): October 13, 2003 LIBERATE TECHNOLOGIES (Exact Name of Registrant as Specified in Charter) Delaware 000-26565 94-3245315 (State or Other Jurisdiction (Commission (IRS Employer of Incorporation) File Number) 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 October 13, 2003. Item 9. Regulation FD Disclosure. The following information is furnished pursuant to "Item 12. Results of Operations and Financial Condition." On October 13, 2003, Liberate Technologies issued a press release announcing its financial results for the quarter ended August 31, 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. 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: October 13, 2003 By: /s/ Gregory S. Wood ---------------------------------- Name: Gregory S. Wood Title: Executive Vice President and Chief Financial Officer EXHIBIT INDEX Exhibit Number Description ------ ----------------------------------------------------------------- 99.1 Press release dated October 13, 2003 announcing financial results of Liberate Technologies for the quarter ended August 31, 2003.