When I've created conforming footwear from the VF Meshes I've made, I've boned them in the setup room off of EF CR2's as Bone donors. That's a perfect example of using the copyrighted CR2 in a legitimate form for redistribution.  It doesn't contain any of the original figure's mesh but it most certainly uses the same bone structure from the original and has certainly been allowed by the EULA according to the passage I've already quoted here.

My Freebies