The thing that annoys me is that Marvel know Fox will not give up the rights, and why should they. It isn't like Marvel are offering them anything, and X-Men makes fox money, its just common sense.
All I know is that if it was a franchise that belonged to me and another company was making me movies that still make me money in the long run through exposure and increased comic sales, I would want to merchandise for them. There is literally no loss for marvel if they did, they would just make money selling toys and making cartoons. IMO Marvel have lost their way and are becoming so Avengers driven it is crushing the other franchises. It is the reason Iron man is the new poster boy and why the avengers just so happen to be involved in every X-book lately.
And before people say well there are still more readers of x-men than avengers, you are right but I think that is the only reason the x-men feature anywhere in marvel anymore. If they started getting more avengers sales than x-men they would probably axe half the x-books and we would lose more characters as they are in book limbo just like the new mutants.