1)

Netflix rents movies to more than 13 millions members via its online subscription service. Although some movies can be downloaded from the Internet, Netflix's signature service involves distributing movies through the mail. for a fixed monthly fee, members can receive as many movies as they like without the worry of late fees, limited only by the speed of the mail and rules regarding how man movies a member can have at one time. the service allows users to search online for movies they want, and then place those movies in a queue. When the customer returns one movie through the mail, Netflix automatically sends the next one in the queue. The rental method is covered by claims 1 of Patent No. 6,584,450 ("Method and Apparatus for Renting Items"), which leads as follows: " A Method for renting items to customers, the method comprising the computer-implemented steps of:

- Receiving one or more item selection criteria that indicates one or more items that a customer desire to rent;

-Providing to the customer up to a specified number or the one or more items indicated by the one or more item selection criteria; and

-In response to receiving any of the items provided to the customer, providing to the customer one or more other items indicated by the one or more item selection criteria, wherein a total current number of items provided to the customer does not exceed the specified number.

Imagine you are a defendant. Can you think of any prior art that might invalidate this patent? Remember that both lack of novelty and obviousness are potential theories of invalidity. The '450 patent was filed on April 28, 2000. (please answer in 2 paragraphs).

2)

Continuing from Question1, suppose you were unable to think of prior art that might invalidate the Netflix '450 patent, or that the judge fond that the prior art you presented did not render the invention either anticipated or obvious. Present an argument that the patent should be invalid because it does not claim patentable subject matter.