No, you are actually wrong, and SirStrumsalot was correct. Here is a source that confirms what he was saying:
http://www.cultofmac.com/102496/apple-can-unlock-att-iphone-4-at-checkout/
...the point of this system is that if a store runs out of unlocked SKUs, they can substitute in an AT&T SKU, charge the same price ("device only"), and it gets unlocked in Apple's database as if it were an unlocked SKU. And that's why this "4S loophole" works: that system, which was introduced back in June just shortly after the official unlocked SKUs were introduced in the U.S., is still in place, and it doesn't distinguish between the AT&T GSM iPhone models (3GS/4/4S).
This is also why people who buy "device only" AT&T 4S phones don't have to worry about them getting locked in the future, or of having their unlocked "AT&T" model get serviced/replaced with a locked one if it needs warranty replacement. Apple treats the "device only" AT&T phone as if it was an unlocked SKU. This happens automatically at the POS computer -- which has ties into the whitelist/unlock database -- during checkout in real-time.
-- Nathan