Update Microsoft has now sent a statement to Polygon that says even if pirates do update their old non-licensed version of Windows to Windows 10, they will still be using an un-licensed software product. Here's Microsoft's new statement:
"We have always been committed to ensuring that customers have the best Windows experience possible. With Windows 10, although non-Genuine PCs may be able to upgrade to Windows 10, the upgrade will not change the genuine state of the license. Non-Genuine Windows is not published by Microsoft. It is not properly licensed, or supported by Microsoft or a trusted partner. If a device was considered non-genuine or mis-licensed prior to the upgrade, that device will continue to be considered non-genuine or mis-licensed after the upgrade."