New
#101
For free, yes, in my personal opinion. All Microsoft has ever promised to do for free is to permanently upgrade computers that are currently running legally installed Windows 7 or Windows 8. It's like if I give you a brand new car for free and saying, "Dude, you only gave me one key for this car, you expect me to go out and pay for a second key to be made? Is it too much to ask that you give me two keys for free for it?"
Microsoft didn't think about updating the EULA in the actual software to reflect that the free upgrade would essentially amount to them giving you only (gasp) and OEM license FOR FREE. But it seems like when their EULA is brought to their attention they will give you a retail license FOR FREE.
It would be interesting to see the results of an actual court case, but it's likely going to have to be a big lawsuit for Microsoft to even bother fighting it - let's see, we can give away a license key that pretty much costs us nothing to email and be out $190 (by the time you subtract the cost of the USB stick and postage) - or we can pay a lawyer $190 for the first 15 minutes of his time to start to work on the lawsuit defense. Hmmmm.......