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Convert P2V with OEM Windows License

I have some XP boxes with OEM license. Need to convert them to Virtual (P2V). They will be hosted by VMware. These converted machines will be accessed using RD either by thin clients or PCs with Ubuntu.
Which license (by the MS view point) should I buy in order to make it legally?
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strivoli
Asked:
strivoli
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3 Solutions
 
Andrew Hancock (VMware vExpert / EE MVE^2)VMware and Virtualization ConsultantCommented:
Retail or Volume.

see my FAQ, Question 10. Can I P2V my physical server installed with an OEM version of the operating system?

HOW TO: FAQ VMware P2V Troubleshooting
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Dirk MareSystems Engineer (Acting IT Manager)Commented:
Because it is OEM licenses, the licenses are VOID as soon as the CPU and Motherboard changed are changed. Essentially its a new PC.

Your only alternative would be to buy new Win7/8 Pro licenses and keep them for downgrade rights.

http://www.microsoft.com/oem/en/licensing/sblicensing/pages/transfer_oem_licenses.aspx#fbid=SVOSVfNKuUe

You are required to support the license on that original PC, but you cannot support a license that has been moved from a PC that you manufactured to one that you did not. This is one of the key reasons an OEM System Builder License can’t be transferred. ¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿

DirkMare
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Andrew Hancock (VMware vExpert / EE MVE^2)VMware and Virtualization ConsultantCommented:
I believe this now depends on what Country you reside in!

You may want to make enquirers with Microsoft Licensing!

See my EE P2V articles

HOW TO:  P2V, V2V for FREE - VMware vCenter Converter Standalone 5.5

HOW TO: Improve the transfer rate of a Physical to Virtual (P2V), Virtual to Virtual Conversion (V2V) using VMware vCenter Converter Standalone 5.0

HOW TO:  Synchronize changes when completing a P2V or V2V with VMware vCenter Converter Standalone 5.1

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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☠ MASQ ☠Commented:
If you have at least one volume licence look at using Reimaging Rights which will allow you to convert your OEM establishment to VL at no additional cost - then you can legitimately image them. Otherwise unless you're in some parts of Europe you won't be able to move the OEM install from the physical machine.
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strivoliAuthor Commented:
First of all, thank you for your replies.

The companies are located in Europe: Denmark and Italy. There is no Volume License and no Software Assurance. Both companies don't have any unused Windows XP Retail licenses.


@Andrew Hancock
In reply to your 1st post:
AFAIK, OEM licenses aren't Retail by definition and they cannot be bought with an agreement such as Volume.
I've seen your article after you invited me to read it. I gave it a YES to the "You found this article helpful"... hope you get some points for it! :-)
Anyway, I've seen the Q10 and you write: "...and you may need to supply a Retail or Volume License Product Key..." but unfortunately both companies have none of the two.

In reply to your 2nd post:
What makes it difficult is that I have 2 companies in two countires. I'll consider contacting MS and ask them how must I proceed.


@Dirk Mare
Even if I buy new Win7/8 Pro licenses I would:
a. Have no valid Product Key in case the actual OEM Product Key cannot pass the re-validation after the P2V conversion.
b. AFAIK even if you buy new Win7/8 Pro licenses that doesn't allow you to downgrade.


@(MASQUERAID)
Sorry but there's no Volume License.


@ALL
I will consider asking the question to MS Licensing in both countries, but, they often know less than expected.
What do you think about the idea of buying XP Retail licenses on eBay? It should be legal and the only risk is that activation doesn't succeed since it might have been already activated.

Please let me know.
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Dirk MareSystems Engineer (Acting IT Manager)Commented:
You will use your new Win7 Pro product code. See Link below..

You should be able to downgrade the licenses, If you can get Win7 Pro licenses. Please read the Microsoft article..

http://www.microsoft.com/oem/en/licensing/sblicensing/pages/downgrade_rights.aspx#fbid=SVOSVfNKuUe

DirkMare
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Andrew Hancock (VMware vExpert / EE MVE^2)VMware and Virtualization ConsultantCommented:
My Answer, was you will need Retail or Volume keys, applied to the VMs, after the P2V, (and you will also find maybe), that you cannot use your Retail or Volume keys, with that version of Windows, so you will need to perform a repair from Retail or Volume media.

Also, you may like to try, re-trying the OEM Key....because sometimes it works!

OEM Keys are available to purchase from some vendors! (with a USB flash drive), because it can only be sold with hardware!

Thanks for the Article Points!
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strivoliAuthor Commented:
This is an update to a test I've done myself:
a. I've converted (P2V) a box loaded with XP OEM.
b. When booting up the VM (hosted by Hyper-V), the system asks for activation.
c. The activation fails because the Product Key is an OEM key and the system changed too radically (from P2V). It asks for a new Product Key.
d. We could find an old XP Retail Product Key belonging to a dead PC. So we used it. It was previously activated but that must have been a very long time ago (years).
e. The activation finishes successfully.

It turns out that (limited to this test):
1. The OEM Product Key isn't valid any more.
2. A Retail Product Key works and there's no need to perform a repair.
3. Even if the Product Key was already activated (although years ago) on another box, the activation ends successfully.

The practical result (workable, cost effective, legal, fast, ...) might be the purchase of Retail XP Licenses on eBay or similar (Amazon, ...).
Your opinion?
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Andrew Hancock (VMware vExpert / EE MVE^2)VMware and Virtualization ConsultantCommented:
As per http:#a39784802

Also, you may like to try, re-trying the OEM Key....because sometimes it works!

As per http:#a39782343

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

A telephone call to Microsoft Licensing will Advise you correctly? However if you call them, and are advised either yes or no, it's okay, you can then no be ignorant of the fact!

Microsoft Licensing Department will have the correct information. When we've spoken to them, it would suggest, they really could not care!

Is this legal ? No, you are in breach of the Agreement.

Is Microsoft going to inform the OEM Police ? ?????
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strivoliAuthor Commented:
Thank you for your help and suggestions.
No one gave me a total solution (and this is why I gave it a "C") but I wanted to award the points anyway because all spent some time to consider my question.
I will buy Retail licenses and will consider calling MS.
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☠ MASQ ☠Commented:
If both your installations are in Europe you should be able to get the OEM install reactivated on the VM by Microsoft because of the legal ruling in the European Courts on the restrictive nature of the OEM EULA.  Expect them to be "unaware" of this but if you press up the supervisor chain it will happen.
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strivoliAuthor Commented:
Since SouthMod doesn't agree with my "C" (even though I've explained why I gave a "C") I decided to promote it to a "B".
If someone disagrees I will have to ask EE why there's a 3 Solution Grade instead of 1.
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