In reality, you have to have an AT&T account to get an unlocked 4S from Apple.
No, this is not the case.
This morning I went into the Manhattan Apple Store on W14th and purchased an ATT 4S (MC919LL/A) by saying "I'd like an off-contract ATT iPhone 4S 32GB, Black".
It's just a 'gift' for a friend. (who's not eligible for a contract re-up yet, or too cheap to upgrade, or broke his phone a month after he bought it, etc. you fill in your own reason. they didn't question me at all so it didn't matter.)
I just said "I'd like an off-contract ATT iPhone 4S 32GB, Black, with AppleCare+".
That's all. Was handed a box. They swiped my CC. The box was never opened. I did not reveal my own ATT account info - or anyone else's.
Brought it home. Stuck in my own ATT micro-sim. Powered up.
"Congratulations your phone is unlocked."
Stuck in two other micro-sims (one from vodaphone.de and one from comviq). They were both properly recognized and the vodaphone.de one 'roamed' with 5 bars of signal. though neither sim has any US minutes/data.) when i stick these same SIMS in my locked iPhone 4, I get 'invalid SIM' and 'no service'. very different response.
just for kicks, i 'restored' the firmware twice to make sure. each time "Congratulations your phone is unlocked" appeared at the completion of the restore.
off to europe next week.... can't wait.
I'm back in the states before November 15th (the return date on the slip). So IF for some reason Apple decides to mark this phone as locked in its database, I'll take it back to the store and get the unlocked model. but, they won't. (and yes, i'll do a backup/firmware restore on the 14th of november just to test......)
this was a deliberate calculated decision to leave full-price off-contract phones unlocked (but unadvertised) by Apple since they ARE releasing the unlocked SKU within a few weeks, why piss off customers who paid full price during the first few weeks? they will only return to the stores in droves the moment the unlocked version appears and create a customer service nightmare.
I'm happy.