Windows 2008 server in a Windows 2003 Server Environment

We are currently running all Windows 2003 servers.  I have a Terminal server which also has 2003 server on it.

I am wondering what will happen if we buy a new server with 2008 server on it.  Do I need to get all new CALs for all the computers that are connected to my domain even though it will not be my domain controller? This will simply be another member server.

Lets say I use that new 2008 server for Terminal services.  Would I simply need to buy new 2008 Terminal service CALs to replace my 2003 TS CALs?
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NJComputerNetworksConnect With a Mentor Commented:
correction... you must update your CALS to Windows 2008 if your clients are going to attach to both the Windows 2003 and 2008 server.  Please see the attachment for more details:  
"Lets say I use that new 2008 server for Terminal services.  Would I simply need to buy new 2008 Terminal service CALs to replace my 2003 TS CALs?"  yes, you will need Windows 2008 CALS for this...
For non-TS cal licenses, it depends on your licensing model.. There are two main choices... PER SERVER (best if you only have one server in your environment ) or per device / per user...

If you have more then one server in your environment, you are probably using PER DEVICE /Per User.  In this licensing model, if you add a new Windows 2008 server to your existing environment, you do not have to upgrade anything, your current CALS still apply.  You will have to buy a Windows Server 2008 server license....this usually comes with your DVD media.
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Device-based or User-based Windows Client Access Licenses
There are two types of Windows Client Access Licenses from which to choose: device-based or user-based, also known as Windows Device CALs or Windows User CALs. This means you can choose to acquire a Windows CAL for every device (used by any user) accessing your servers, or you can choose to acquire a Windows CAL for every named user accessing your servers (from any device).

The option to choose between the two types of Windows CALs offers you the flexibility to use the licensing that best suits the needs of your organization. For example:

Windows Device CALs might make most economic and administrative sense for an organization with multiple users for one device, such as shift workers.

Whereas, Windows User CALs might make most sense for an organization with many employees who need access to the corporate network from unknown devices (for example, when traveling) and/or an organization with employees who access the network from multiple devices.

Client Access Licensing Modes
After you have selected a license typeWindows Device CAL or Windows User CAL, you have the option to use the server software in two different modes: Per User/Per Device mode or Per Server mode. Both modes are available for either type of license.

Per User or Per Device Mode
Per User/Per Device mode is defined as follows:

A separate Windows CAL (of either type) is required for each user or device that accesses or uses the server software on any of your servers.

The number of Windows CALs required equals the number of users or devices accessing the server software.

If you choose this licensing mode, your choice is permanent. You can, however, reassign a Windows CAL from one device to another device or from one user to another user, provided the reassignment is made either (a) permanently away from the one device or user or (b) temporarily to accommodate the use of the Windows CAL either by a loaner device, while a permanent device is out of service, or by a temporary worker, while a regular employee is absent.

Per User/Per Device mode tends to be the most economical designation for Windows CALs in distributed computing environments where multiple servers within an organization provide services across most devices or users.

Note that Per User/Per Device mode replaces Per Seat mode, used in previous licensing models.

RosspopeAuthor Commented:
Ok for Terminal services I know that I would need to buy some 2008 TS CALS.

Our existing 2003 network is licensed PER USER.

I know that when you buy a new 2008 server it comes with 5 pack of regular CALS (non TS)

If this 2008 server is joined to our 2003 environment do I need to buy regular 2008 CALS (non TS) for everyone that is on the domain?
RosspopeAuthor Commented:
So the answer would be...

If I add a 2008 server to a domain that has all 2003 servers I would have to buy all new 2008 CALS
"If this 2008 server is joined to our 2003 environment do I need to buy regular 2008 CALS (non TS) for everyone that is on the domain?"  Yes, you need to update you CALS to be able to use the Windows 2008 software...  

If you have software assurance, this price is an upgrade price, if you don't have this, you will basically have to re=purchase your CALS for 2008 compliance.
more info... source:
Client Licensing

In addition to server licenses (or per-processor licenses in the case of Datacenter Edition), all editions of Windows Server except for Web Edition require clients to be licensed with CALs or External Connectors. Two server features, Terminal Services and Rights Management Services, also require their own CALs. (For prices, see the chart "Licensing Clients for Windows Server Access".)

Organizations making even limited use of Windows Server internally are generally obligated to have each internal client licensed with a CAL for the most recent version of Windows Server deployed within their organization. For example, setting up a single Windows Server 2008 machine as a Dynamic Host Configuration Protocol (DHCP) server triggers the requirement that all clients that might possibly access it (even across a global network) be licensed with a Windows Server 2008 CAL, even though DHCP is arguably an ancillary service and is likely to be accessed infrequently. Furthermore, any client accessing a VM hosted on a Windows Server 2008 machine must be licensed with a Windows Server 2008 CAL, even if the OS running in the VM is a Linux OS or an older version of Windows Server.

Similarly, any Standard, Enterprise, Datacenter, or Itanium Edition machine deployed in an extranet capacity (servicing customers and partners, for example) is very likely to require a Windows Server External Connector license. These four editions are needed in situations where Web Edition does not suffice either because of a capacity or licensing restriction, such as Web Edition's prohibition from hosting a database accessed by other machines. So, for example, a Windows Server Standard machine running a SQL Server database accessed by a cluster of Web Edition servers will require a Windows Server External Connector. The only exception to the External Connector requirementlikely to apply infrequentlyis if all use is over the Internet and anonymous, meaning users are not authenticated or otherwise individually identified in any way by the server software. So, in the previous example, to qualify for the External Connector exception, the extranet site using the SQL Server database couldn't provide any form of user personalization.

Darius GhassemCommented:
You need a CAL for any user or device that will be connecting to this Windows 2008 server. If it is a DC or if it is a member server you need CALs for this server. Now that being said no one on EE can answer this question correctly since none of us our MS which can give you the exact answers you need about licenses since we don't control MS licensing so to be 100% sure that you are licensed you would need to contact MS.
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