IBM has so far refused requests for Palmisano to be available for deposition, according to SCO’s memorandum in support of its filing, as IBM does not believe he has any knowledge regarding specific issues related to SCO’s claim that IBM breached a contract by contributing Unix code to the Linux operating system.
In its filing, SCO argues that this is not the case, maintaining that Palmisano’s former role of having responsibility for IBM’s Linux strategy means the court should order the company to produce him for deposition. SCO has proposed to depose Palmisano in IBM’s Armonk office and limit the deposition to seven hours.
