Correct me if I'm wrong...
With all my other phones in the past, if I paid FULL price I could actually demand that phone to be unlocked regardless of service contract (did this once). Phones that I bought with a SUBSIDY were tied to the contract, but once the contract was fulfilled, I could request that phone be unlocked. I believe this is law in most places, just not widely known. Again, out-of-contract, I could use these phone with any compatible carrier.
The original iPhone was NOT subsidized that I know of. Those of us that bought one paid full retail cost. While under your AT&T 2-year contract, the iPhone remains locked (aside from jailbreaking it) to AT&T.
I'm no lawyer, but if you upgrade to a 3G and enter into a new 2-year contract, according to what I've seen, the original contract is then fulfilled by the power of AT&T.
So, at the end of my contract, shouldn't both AT&T and Apple be required to fully & legally unlock these iPhones and it is now your's to take elsewhere?
I can see that Apple would no longer have to provide FREE software upgrades for them, you would pay just as an iPod touch user does.
If Apple is wise, they should unlock after contract to gain further iTunes and App Store sales. Plus it would be environmentally responsible to keep functional product in use. Yes, they want you to buy the "latest & greatest" which you most likely will, but you'll sell it to someone that may not be a consumer of their iTS or App Store. Their original hardware & plan profits have already been achieved. An officially unlocked iPhone out-of-contract will become a revenue generator for Apple until it dies.
Like I said, I'm not a lawyer nor do I play one on TV, but as I understand it and have experience with my previous phones, AT&T and Apple have to officially unlock these when we complete our contracts.