Re: OEM licencing and virtualization

Huh SG, you contradicting yourself?

A SB can supply COEM client OS on solid server hardware. Then, the
end user or SB can install another OS on the same hardware, say SBS
Open (and the original poster was saying 2 OEM s/w!). With the intent
of putting the client OS in a VM.

I am talking abt 2 complete licenses, not version upgrade/downgrades.

The 'safe' route is the use one OS for the physical, and only FPP
qualifies for a VM officially. Or SPLA if one is licensed to provide
that. However, there is nothing I see (yet) that makes it illegal, if
going my the route mentioned in your original post (whether that
route - install OEM WinXP and later SBS) occured over 10 months
or 10 secs.

Eugene Tan
SBS MVP

========================
"SuperGumby [SBS MVP]" <not@xxxxxxxxxxx> wrote in message
news:uXMYhu3xHHA.1212@xxxxxxxxxxxxxxxxxxxxxxx
ifs buts maybes, hair splitting, grrrr....

Is a system builder able to supply two operational OEM OS licenses with a
single piece of hardware? TTBOMK NO. They have (at times) been able to
supply 'alternative' OS's, the purchaser can decide which to have and may
even have the right to chose A now and B later. This would be under the
control of MS and the system builder and applicable only to affected
systems. A variation of this might be 'upgrade guarantee' type situations
where MS and the system builder reach a specific agreement to supply A
with an option for B at some later time. AFAIK no such agreement has ever
included the right to run both (no dual boot, no in a VM, no nothin' nil
nada).

What if the moon was made of cheese and we were all mice? Who cares? it
ain't reality.

Am I licensed to run my single OEM OS on the hardware with which the
license was supplied? Yes. Am I able to avail myself of technologies which
allow me to run purchased OS's in addition to this? I believe so.

"Eugene Tan" <TechHelp-at.insights.com.sg@xxxxxxxxxxxxxxxxx> wrote in
message news:%23V0Z1N3xHHA.1164@xxxxxxxxxxxxxxxxxxxxxxx
hi SG,

The definition of System Builder has changed/clarified. One could
apply OEM (specifically COEM) WinXP/Vista to a hardaware
(OEM is for Dell/HP, COEM for SB). So the COEM llicense
did 'come with' the hardware.

Except the scenario is also installing SBS and then installing the OEM
license
within a VM rather than the physical hardware.

So the question arises, when is the license, 'licensed'? Is it when it
is installed
and activated, or when it is applied/assigned? So far, the lingo
indicates
assigned, rather than installed, activated and accepted. Also, there is
no
specific prohibition of VMs, which means it could be applied to a VM
- 2 OS licenses on a single hardware.

Disclaimer: I am not advocating this licensing approach, though it makes
an interesting discussion.

Eugene Tan
SBS MVP

========================
"SuperGumby [SBS MVP]" <not@xxxxxxxxxxx> wrote in message
news:%23d%23e$S1xHHA.3696@xxxxxxxxxxxxxxxxxxxxxxx
You would not be able to use that OEM XP on the SBS hardware (in a VM or
not) unless it was supplied with that hardware.

I doubt you're implementing SBS Servers on hardware that came with an
OEM XP license.

I could be wrong however.

"Eugene Tan" <TechHelp-at.insights.com.sg@xxxxxxxxxxxxxxxxx> wrote in
message news:O7beTB1xHHA.1184@xxxxxxxxxxxxxxxxxxxxxxx
While I'm not supporting using OEM licenses in such manner, legal
technicality it does seem possible based on existing language.
The licensing docs for virtual environment amounts to only a guidance
and not an interpretation, and the OEM license lingo doesn't prevent
this idea.

On the flip side, I'm implementing a project where a customer needs
only a single PC (single remote session), but doesn't want leave any
PC on. The solution is SBS, Virtual Server and WinXP in a VM.
I'll be using WinXP FPP to be safe, (SBS is OV) but maybe I could
have used OEM.

The only thing that comes closest to invalidating this idea is the
phrase
abt defeating technical limitations, in this case by not installing and
activating the license to bind to the actual hardware.
I expect that Microsoft would be issuing futher licensing
clarifications.
Meanwhile, checking with a Microsoft PSS or presales support to
provide legal cover may be useful.

Eugene Tan
SBS MVP

====================
"SuperGumby [SBS MVP]" <not@xxxxxxxxxxx> wrote in message
news:ufE8QdlxHHA.312@xxxxxxxxxxxxxxxxxxxxxxx
I see no reason why you could not run the OEM license in the virtual
machine, it is _in fact_ running on the hardware the license is
attached to.

NOTE: I have not been party to any such discussion nor any other
involvement nor information regarding this, it is purely my
interpretation.

Let's take a slightly different case to point out what should not be
done. The case where a machine was supplied with a choice of OS, let's
say XP or Vista. You could not choose to run OEM Vista as host OS and
then OEM XP as a guest, this would violate the OEM rights. You would
have the right to run either OS, but not both.

But in the case under discussion I take it the Vista license has been
purchased separately, is 'unfettered' of any OEM restriction.

Leaving us with running SBS as a webserver being a stupid thing to do.

"kj [SBS MVP]" <KevinJ.SBS@xxxxxxxxxxxxxxxxxx> wrote in message
news:O26s2jjxHHA.3684@xxxxxxxxxxxxxxxxxxxxxxx
Eugene Tan wrote:
Interesting SG, I had not thought of it this way - 'transfer' the
OEM
license
from the hardware it was (to be) installed and licensed to, to a VM.
It's still the same hardware, could be a grey area, maybe need to
look at the PUR.

OEM is licensed to a physical machine and not the a virtual one.

Eugene Tan
SBS MVP

I do not believe that OEM OS installs to a VM are either license
legal or a viable method even if the VM runs as a guest of the host
it for which it purchased and licensed. VM's are considered Physical
Machines for the purpose of licensing, and as such you can't buy an
OEM license with (virtual) 'hardware'.

I seem to remember a *long* dicsussion about this in the
VirtualServer 2005 beta groups.

...but then it a licensing question and as such, my canned answer
applies.... (OP) Call (free) your Microsoft Licensing Specialist!

<g>


==============================
"SuperGumby [SBS MVP]" <not@xxxxxxxxxxx> wrote in message
news:uXMEmmbxHHA.4588@xxxxxxxxxxxxxxxxxxxxxxx
If you are running the OEM SBS on the hardware the OEM license was
attached to, no problem.

SBS as a webserver, you're freakin crazy.

"Jibey Jacob" <JibeyJacob@xxxxxxxxxxxxxxxxxxxxxxxxx> wrote in
message
news:C45BD302-A65B-40CF-870F-F84951C3F2BB@xxxxxxxxxxxxxxxx
Hi:

Are there any licencing restrictions on running an OEM version of
Windows Small Business Server 2003 R2 on a Virtual PC 2007 VPC
running on Windows Vista Ultimate? The role of SBS would be as a
Web server facing the Internet.

Thanks.

--
/kj













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