SBS 2008 Hyper-V OEM Licensing

If I P2V a old sbs 2008 server onto my new hyper-v server and destroy the existing hardware, does the previous OEM license cover the new hyper-v client or does a new license need to be obtained?

The server is being "migrated" not rebuilt with the existing license.

Or do I need to buy an OEM license for the Hyper-V client and then that would cover me to P2V an existing OEM server to this hyper-v server.
tegeniusAsked:
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Andrew Hancock (VMware vExpert / EE MVE^2)VMware and Virtualization ConsultantCommented:
The SBS licenses is with the hardware, and is not transferable, if you destroy the hardware, the license is lost as well! You can only purchase OEM licenses with hardware.

Technically, you can P2V an OEM version of the OS. But Re-Activation is likely, requiring you to purchase a new Retail key for that installation.

I would contact Microsoft Licensing in your country, to check OEM licensing details. As OEM is different per country!

Original Equipment Manufacturers (OEM) versions

Note: Physical-to-virtual hard drive migration of a Windows installation is a valid function for customers with Software Assurance and full retail copies of Windows XP, Windows Vista, and Windows 7. Software Assurance provides users valuable benefits—please contact Microsoft Corporation for further information. Windows XP, Windows Vista and Windows 7 installed by Original Equipment Manufacturers (OEM) using OEM versions of these products may not be transferred to a virtual hard drive in accordance with Microsoft licensing terms.

Source
http://technet.microsoft.com/en-us/sysinternals/ee656415

http://www.experts-exchange.com/OS/Microsoft_Operating_Systems/Windows/XP/A_3721-Can-I-transfer-my-OEM-version-of-Windows-to-another-PC.html
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reredokIT ConsultantCommented:
I'm not sure but Windows 2008 Std Server (???) have 2 small printed KEY an physical Key and an virtual Key.

In a conversation with a guy from Microsoft Staff he accented that there is difference between that keys. A physical Key can't install in a VM and vice versa. He pointed that this is a [...of violation of this License Term...].

I'm not sure if a P2V convert bypass that fact.  I could'nt remember if SBS have two Keys?
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Lee W, MVPTechnology and Business Process AdvisorCommented:
You should look into migrating to a new server/Windows setup.  The OEM license is locked to the hardware and cannot be moved,  Virtualized yes (on the same hardware) but not moved.  However, you've waited too long.  You can no longer get a retail license (OR OEM) through any supported channels.  You MIGHT be able to find a copy on ebay or through another QUESTIONABLE source, but Microsoft ceased selling SBS 2011 through retail and volume channels in June and the OEM version (which is legally only sold preinstalled on new hardware) will not be available after December 31, 2013.
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Lee W, MVPTechnology and Business Process AdvisorCommented:
Just to clarify, I mistyped - I meant to say "You can no longer get a retail license (OR VOLUME LICENSE) through any supported channels. "  As noted subsequently, OEM editions are available with new hardware until the end of the year, but that's it.
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