Hello Commander Bumbles!
I'm interested in your opinion. Even though these penalties would only be applied in cases where there was a very clear mismatch of ability *and* a crime was committed, you think it would be a deterrent to player versus player activities.
Do you (or any other folk, feel free to respond), feel that there should be no additional penalties for lopsided encounters? That the world should remain uncaring and cold as is (don't worry folk, this isn't a trick question - there's no right or wrong answer!)?
It honestly depends on what the goals of the game are and the population trends you are aiming for.
Currently, the game does not care between PC or NPC, with death being more expensive to those that are attacked rather than those being attacked. In other words, a player's outcome to the loss of a ship is more meaningful (in time played to recoup) than those that kill and move on. 'As it should be!' I hear the gamer say! Why should a winner have to pay for something when they win? If this is the expected outcome of the game...then it must be expected that there will not be many people willing to lose substantial time investments, while their attacker gets away 'scott free'. Leading to Open vs. discussion. PvE players playing in private groups and solo because the cost to them is to high to be bothered with the risk, no matter how large or small.
If you are trying to swing the balance of population, how about, rather than a new addition to the security/legal system, something that will be ignored by the 'bad guys', how about an optional insurance piracy/death insurance purchasable each run that either covers the cost of the insurance payback...or the cost of cargo being carried. Some people have problems with paying for the ship...others with losing the price of the cargo...make them choose between each with each run...and deal with the added cost of 'risk free' play by having reduced profits on their run.
The extra time it would take to set up the insurance would also be factor for some people...'is it worth the time to click the menu' or should I go for a faster payout and return? This insurance could also only be available to 'clean' players if you want to provide a boon to those that play lawful good characters.
To be honest, nothing that will occur with the justice system will decrease the PK players. They thrive in a hostile universe. Harder environments are what they desire...living outside the lawful areas of the galaxy are not a deterrent...but a way to increase their virulence as they will be playing in close proximity to others that play like they do...because they will be 'forced there' by the game...which means wings of PK players, and later larger and larger player groups. Again...is this what is desired in the galaxy? The goal that people want to push towards? If not then you have to provide some protection of players investments (mainly their time away from their real life)for people that desire to play with large amounts of players...but do not see their demise at the hands of PK players as worth the effort to recover from.
I also see merit in either an open PvE mode or a PvP flag to be turned on and off by the player whenever they land at a station (the flag idea could also be tied to a purchase of the flag with in game credits...decreasing profitability)
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