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Rhode Island can't auction off 38 Studios' Xbox dev kits, says Microsoft

Microsoft is requesting Rhode Island return the Xbox developer kits the state is attempting to sell at auction to recoup losses from the defaulted multi-million dollar loan to shuttered 38 Studios. In the listing of items up for bid October 23, the firm hired to facilitate the auction lists "Gaming consoles: Xbox 360 XDK consoles." Only problem is those belong to Microsoft.

"Xbox 360 Development Kits (XDK) are the property of Microsoft and are only licensed to authorized studios and may not be assigned or sold to any third party without the written consent of Microsoft," the company told Joystiq in a prepared statement. "We will be contacting the appropriate parties involved in the auction of 38 Studios' assets to remove the XDK units from the auction listing and to secure the return of the consoles to Microsoft."

SJ Corio Company, a commercial-industrial auction and liquidation company, will hold auctions in Maryland and Rhode Island on October 16 and 23, respectively. Lot listings and photo galleries of items will be posted soon, according to a company representative. Part of the long list of items up for auction are computers, audio and video equipment, consoles and peripherals, pool table, ping pong table, GE side by side stainless steel refrigerators and a video game library.

This article was originally published on Joystiq.