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One of our recent hotfixes corrects an issue on Domain Controllers where the System State Backup did not include NTDS.DIT - but crucially did not error if the accounts being used did not have enough permissions.
We now generate an error to warn you that you need to sort out your permissions - prior to this you had no warning that you were not correctly protecting your Active Directory.
Issue is covered here
I installed hotfix 337202 on the two BEWS Server that got the problem.
On the first one I made two backups of system state, it worked.
On the second one I just started the backup.
Since the error didn't happen all the time it's still not sure if this really fixed it. But checking the hystory there actually never where two backups after each other running fine since SP3, so the chance are good.
If this really fixed it http://seer.entsupport.symantec.com/docs/328487.htm needs an update. All the DCs that got the error are 2008 Servers, not 2003 R2 which are the only one listed in that Articel.