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SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

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FORM 8-K

 

CURRENT REPORT

PURSUANT TO SECTION 13 OR 15(d) OF THE

SECURITIES EXCHANGE ACT OF 1934

 

DATE OF REPORT: January 21, 2004

 

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NETFLIX, INC.

(Exact name of registrant as specified in its charter)

 

000-49802

(Commission File Number)

DELAWARE				77-0467272
(State or other jurisdiction of incorporation or organization)				(I.R.S. Employer Identification No.)

 

970 University Avenue

Los Gatos, CA 95032

(Address of principal executive offices, with zip code)

 

(408) 317-3700

(Registrant’s telephone number, including area code)

 

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Item 7.

Financial Statements and Exhibits.

 

(c) Exhibits.

 

 

Item 12.

Results of Operations and Financial Condition.

 

The information provided in this Report is being furnished under Item 12 of Form 8-K and in accordance with SEC release 33-8216.

 

On January 21, 2004, Netflix, Inc. announced its financial results for the fiscal quarter ended December 31, 2003. The press release, which is attached hereto as Exhibit 99.1 and incorporated herein by reference, discloses certain financial measures, in particular, non-GAAP net income and free cash flow, that may be considered non-GAAP financial measures. Generally, a non-GAAP financial measure is a numerical measure of a company’s performance, financial position, or cash flows that either excludes or includes amounts that are not normally excluded or included in the most directly comparable measure calculated and presented in accordance with generally accepted accounting principles in the United States. Management believes that non-GAAP net income is a useful measure of operating performance because it excludes the non-cash impact of stock option accounting. In addition, management believes that free cash flow is a useful measure of liquidity because it excludes the non-operational cash flows from purchases and sales of short-term investments and cash flows from financing activities. However, these non-GAAP measures should be considered in addition to, not as a substitute for, or superior to net income and net cash provided by operating activities, or other financial measures prepared in accordance with GAAP. The non-GAAP measures included in our press release have been reconciled to the nearest GAAP measures.

 

 

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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 thereunto duly authorized.

 

						NETFLIX, INC.
Date: January 21, 2004						By:		/s/    Barry McCarthy
								Barry McCarthy Chief Financial Officer

 

NETFLIX, INC.

 

INDEX TO EXHIBITS

 

Exhibit Number		Description
99.1		Press Release dated January 21, 2004.