From a business and PR standpoint, Motorola would gain a lot by being gracious here and offering Shawheim a post-release version of the Photon 4g at no charge. If they would learn anything from Apple's debacle, they would learn that you attract more flies with honey than with vinegar.
That being said, I seem to remember photos from Shawheim that showed that the phone was clearly labelled as "not for sale." (or something to that effect) If this is so, shouldn't that give a person pause? I'm not blaming Shawheim. I'm understanding Motorola's point of view though.
This phone wasn't released to the general public yet. It had markings indicating that it wasn't for sale. Wasn't it purchased online from an unknown person or entity? If it were me, I'd pause before going through with such a purchase let alone taking pictures of the phone, posting them on an open forum, and writing reviews about it. But that's me. I'm most likely way more suspicious than Shawheim.
But it's should have, could have, would have, at this point...
Motorola would gain a lot by being gracious and gaining positive PR and possible publicity if they were to milk this.
Motorola should absolutely go after whoever sold the phone to Shawheim. That person knew, or should have known, that they shouldn't be selling that phone.