Maybe someone gave this person the phone? I used mine as a Touch for about 2 1/2 months before activating it. I wanted to wait for the 2.X software platform to stabilize, and for the JB/UL community to catch up.
I'm barely using it as a phone now. It's got a t-mobile pre-paid SIM with 1000 minutes that will probably last me the entire year that the minutes are valid. What can I say? I use the phone to communicate information, not chat. Rare will be the month that I go over my 83.3 minute budget, which, by the way, costs me $8.33 per month.
You can just use it with whatever SIM was in there, or remove it and get a no SIM message. I just left the stock AT&T SIM card in until I bought a new one.