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Not if you weren't aware it was locked to the network. Also there's a large used phone market.
I bought an 'unlocked' phone that as soon as I turned on showed it was locked to 3. Cue rapid return of handset and refund. The idiot in this case was the seller, though it could be argued buying phones off ebay is stupid too.
That's not true, you can buy a phone outright that's still locked to a network. You have to get the (i forget the name) code off the provider for the handset in question to be able to release it.