You'll want to rename the MLB roster file to something else and maybe edit one player to be safe. Then you should be fine. Would be the same thing for every game.
Where you might be "tagged" is if someone takes one of these adjusted rosters you post and uploads them to 360gamesaves.com which is what happened to FK, myself and who know how many others. For all we know they might expand the scope to other sites or maybe they'll come to their senses and ignore sports games.
Really, unless it was a one time thing by MS (which i doubt) or they override it for certain console ID (like FK, which i doubt they do too). Then its likely that they'll tag them each update at the very least- if its realtime then we are really screwed. So for FK, that basically football and then tagged in the fall update, then basketball and then probably tagged in the spring update and so on.
The real concern for me is the FK rosters as i generally just build on base sets, and thats not nearly as important in my eyes. Ideally, EA has some sort of locker for NCAA and its not a problem. The motivation would be there for them i think.

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