Running windows 8 in a VM - can I use the copy that came with my laptop

I have just purchased a Thinkpad x1 Carbon that comes with windows 8 64 bit. I haven't turned it on yet, but I plan to remove the windows install and replace it with Debian (after backing up the windows install 'just in case').

I would like to play around with Windows 8 from within a vm, the vm would be running on Debian, the original install that came with the laptop would be removed (so I would only be using 1 copy of Windows 8).

I was wondering if it is possible to use the 'copy' of windows 8 that came with my laptop or if I would have to purchase another. For older windows versions I think it was possible to download a new copy and use my existing activation key.

Is this possible to do in windows 8?, and if so, how?

Can I legally install Windows 8 in a virtual machine?

Yes. You can install any version of Windows 8 in a virtual machine, using virtualization software on any platform. (If the VM is running a properly licensed copy of a recent Windows version, you can use the upgrade edition of Windows 8; in most circumstances, the PUL System Builder edition is the correct choice.)

Note that you cannot share licenses between the host PC and a virtual instance. The following text appears in section 1(f):

If you use virtualization software, including Client Hyper-V, to create one or more virtual computers on a single computer hardware system, each virtual computer, and the physical computer, is considered a separate computer for purposes of this agreement. This license allows you to install only one copy of the software for use on one computer, whether that computer is physical or virtual. If you want to use the software on more than one virtual computer, you must obtain separate copies of the software and a separate license for each copy | Source

So it is perfectly legal to run a VM on the machine that has the OEM license of Windows 8. However, as others have stated - due to OEM Licenses being tied to specific hardware (occasionally) activation may or may not work.

After a bit more digging, it appears the if you purchase an OEM license (Windows 8 System Builder), not the one tied to the machine preinstalled, this is kosher. However, there is nothing that I can find that states you can transfer a preinstalled OEM license from hardware to a VM.

IIRC, it is legal to use the OEM license that came with your computer in a VM, but only as long as the VM runs on that computer and the OEM license is not (and never was) used on that computer. You are not allowed to take that VM and ever move it to another host, and you are not allowed to "transfer" the OEM license to a virtual machine after accepting the license agreement and using the installation (not license) that came installed directly to the system.

Just one warning: even though this is legal, it may not work. OEM licenses are sometimes keyed to the motherboards of a specific OEM manufacturer, such that they Windows will not activate successfully unless it is installed directly (ie: not part of VM) on that specific brand of computer.

The only way I can see for you to legally use Windows 8, and then only on the computer for which you bought this OEM license, is if Windows was never activated.

This hypothesis of mine is based on the Microsoft license section 1(f) :

This license allows you to install only one copy of the software for use on one computer, whether that computer is physical or virtual.

So the only solution I see is to buy an OEM computer with an OEM Windows 8 version that is not (yet) activated or that only activates itself on first boot. In the second case, if you make sure that there is no Internet connection, the activation then becomes impossible even if you do boot the computer.

You would then need to capture the unactivated Windows 8 computer as a virtual machine and then only activate the VM, never the original computer. As long as you only run that VM on that computer, and as far as my (rather lacking) legal understanding goes, you would still be within the legal terms of the EULA.

I have had very good experience with the free VMware vCenter Converter for capturing VMs with their exact hardware. However, I never did this with Windows 8, so I can guarantee nothing at all.