Yes, I know you said that you are not releasing the loco itself. I even mentioned the facepack and whistle to further show that I understood what your intentions are.
And it does not matter if Mstnoodle is active or not, it is his content and he legally has full control over what is done to it. I never said it was illegal, I said to check to make sure that it is not illegal, just to be safe.
What you are releasing is a facepack and whistle, the facepack replacing part of the model's original texture. In a way, reskinning it. While legal for personal use, I am unsure of its legality as a distributed tool to apply these new face textures to a model that Mstnoodle has explicitly forbidden to be reskinned and redistributed.
I know you are not distributing the model itself, but the facepack you are distributing will, in a sense, reskin the model. You made the facepack, distributed the facepack, and others will use the facepack on the model to replace part of the original texture. By the distributive property, you are, in a sense, distributing his reskinned content. But that may not matter here anyway.
It may be best to ask someone, like a moderator here, if this may or may not be illegal. When you ask, it would be best to include the original config file Mstnoodle applied to his model of Emily. The moderator can read the eula Mstnoodle wrote in the config file concerning the editing of his models and determine if what you are doing is considered breaking Mstnoodle's eula.
I'm thinking distributing the facepack is legal, but it is better to be safe than sorry.
