Free upgrade, but not a free licence. http://www.bit-tech.net/news/bits/2015/03/20/windows-10-piracy-stance/1
Will a non-genuine version of Windows 10 essentially be the same as a 90 or 180-day trial version of Windows 8.1? If so, why are Microsoft classing it as an upgrade?
There's an exploit for win 8 I just cant say how. The upgrade will probably leave you without media centre though.
So... just make sure it's currently activated and tests as genuine with a non blacklisted VLK or KMS? Such installations don't appear as pirate per se as far as Microsoft servers are concerned since they activate, update and work as expected.
The thing about in place upgrade is, all the viruses on pirated copies potentially remain. My biggest issue is the amount of POS machines running xp. I don't know how many times I've walked up to a self service sales machine to find a fully active xp interface to my disposal. If it were unsurpervised who knows what backdoor I could have added.