No because he could just as easily set up shop in the middle of nowhere and it would for all intents and purposes be the same as solo.
It does represent why open and solo should be separate you just stopped straight away to throw some flak, use some of the imagination were all supposed to have here apparently, what you have here is a player cheating another player by swapping to solo to avoid the consequences of his choices, that pirate probably would have thought jackpot with 10 cargo. If you go into the middle of nowhere you still might meet a player from time to time, it might even be a hostile encounter, but if you choose to avoid it by switching to solo when things get bad after choosing open.... Thats just awful isn't it?
Any pirates reading this i hang around LTT 1349 shipping palladium around, if you want somebody to pirate try me if you earn it i'll drop some!