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Not any incarnation. If a X-Force team popped up with Punisher, Deathlok, and a few others (which has already happened recently) FOX couldn't use them. Depends on the characters.Fox has the rights to everything in the XMen universe and to an extension, that includes the XForce I guess.
So they do have free access to any incarnation of X-Force. Interesting.
I think Cable has to be leading or at least on this team. I'm not really sure about Wolverine cuz I don't think Jackman is coming back. They'd have to a great replacement already in mind. If he does come back he's gonna wanna know 100% that the movie is good, he was pissed about the last few films.