Aside from the fact you didn't mention Windows 8 in your OP nonetheless OEM versions of Windows are not transferable period! so "but in this case it was a legitimate upgraded OS" is totally irrelevant! Upgrading an a Windows XP OEM version with a Retail version of Windows 8 doesn't give you the right to move it to another system as you're still bound by all EULA's in the chain of installed/upgraded OSes.
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