So... before the whole French iPhone thing could come around, Vodaphone in Germany sued T-Mobile saying they have to also allow an unlocked version. It appear the courts stopped sales of the phone only in conjunction with the 2 year contract (according to WSJ). Other reports say that since the court hasn't ruled yet (ruling in two weeks) that they didn't have to stop selling yet.
http://www.mactechnews.de/index.php?id=18440
...says T-Mobile has started selling unlocked iPhones today... for 999 euros. Ouch.