In general, what I get out of reading the avatar use guidelines, is that I can use "random" or "preconfigured" avatars the same way I'd use any other stock art -- except I shouldn't distort, maim or otherwise defile the avatars.
Many of the rules surrounding the avatars have to do with how a user identifies with his own avatar, and not disturbing that identification or putting off the user. Thus, for user-controlled avatars, the rules are stricter.
I would treat pictures of avatars the same I would treat pictures of people. If I had pictures of the team that made the game in the game, I could substitute pictures of avatars, and I wouldn't have a problem with that, as long as everyone involved is okay with it. (Same as getting a picture release, really.) If the avatars are random, then I can't see how a picture release would be necessary.
Now, if you're doing something shocking, or something that might reflect poorly on Microsoft in any locality, they may very well come after you and take your game down, no matter what you think or say. In general, as long as you're not pushing any buttons or boundaries, I wouldn't expect any problems -- but I'm not a lawyer, and I don't work for or speak for Microsoft. All I can say is what I would do in my own game.
Jon Watte, Direct3D MVP
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