If the end user does not own the Playstation 3 (it seems to be owned by Sony, from Sony's point of view), I wonder what he paid $499 for.
I think there is some moral greyness to buying an essentially subsidized console with no intention to buy games -- though now that they probably make a profit on the hardware, that point is moot.
They're probably enabling it in some cases -- the US military has built clusters with thousands of PS3s. I doubt they procured those through Best Buy.
*By unlocked I mean "homebrew unlocked" and without the ability to play games.