Microsoft wants to secure their return
The State of Rhode Island can’t auction off the Xbox 360 development kits that 38 Studios had, according to Microsoft. Rhode Island is attempting recoup losses from its loan to the studio by holding auctions in both Maryland and Rhode Island.
The auction lists the development kits as “Gaming consoles: Xbox 360 XDK console” and these are the property of Microsoft and are only licensed to authorized studios for developmental use. The XDK cannot be assigned or sold to any third party without the written consent of Microsoft. Microsoft is already working to secure the XDK return and removal from the auction.
Microsoft would not want the developmental kits falling into the wrong hands, of course, and that is the reason they are licensed to studios for development, with Microsoft retaining the intellectual property rights to the development kits. We can see Microsoft pulling out the big guns to secure the return of the units and we expect they will get them, one way or another.