For a company like OUYA, a startup which has been in financial difficulties for some time, the major creditors will negotiate safeguards, like positions on the board of directors, or preferential treatment of their claims. Venture capital firms know that most startups fail, and how to structure deals to limit their exposure to risk and loss. So it's likely that OUYA's major creditors had to approve the terms of the sale, and its proceeds are likely to have gone to them first.
The devs on the other hand are in the "OUYA will double your kickstarter" program. They never were in a position to negotiate the terms of those contracts. The most amazing thing there is that section 8.3 wasn't present from the very start.
One thing the devs may have in their favor is that this likely also relieve them of the 6-month exclusivity to the OUYACortex store. It should leave them free to attempt to negotiate some deal with other platform holders. (DIsclaimer to any devs reading this: consult a lawyer.)