Because the "instant, ever-present, indestructible" escape capsule is a description of an aspect of the current game code, while everything else is an aspect of the game's simulated world.
As players we all have the instant escape pods because a) there's no ironman mode, b) there are no manually operated escape pods that we can buy and, even if there were, c) nobody wants to sit in front of their PC for days, weeks or months after ship destruction while their avatar floats in deep space waiting for the rescue ship to arrive and take them back to civilisation.
In the game world, not every entity has a escape system and characters have no way of knowing who has and who hasn't. So blowing someone's ship up is murder, or at the very least attempted murder. Players know that other players have an instant escape capsule, but applying that knowledge to the in-game crime of murder is confusing the in-game universe with the meta once more.
The game world and the game code, the game players and the game characters. Easy to keep separate. No bullet-proof vests, blank rounds or bananas needed. Of course certain agendas are furthered by conflating the two, which does muddy the waters a bit.
That's a good point, but it is based on your assumption that the escape capsule is not part of the game world and only a game mechanic.
I disagree with this because it clearly is part of the game world. The game mechanic is the fast travel, not the escape capsule. Also, as quoted a few pages back FD have said it always exists. You could say that they only mean for players but that would also be an assumption.
So we are back to escape capsules being always present and infallible, and therefore murder is still impossible.
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