There's a demand as long as it's hypothetical. But reading through the posts the people who voted yes don't really agree on the details of what they're voting yes to (while the no vote is pretty absolute).
I'm genuinely curious, assuming they created such a ruleset but certain forms of griefing were still quite possible because they're effectively impossible to stop (kill stealing, ramming, pad blocking, mission killing via scanning etc). Would you rather play on that server set with 100,000 random people who have their own motives and goals (which may well include disrupting your game play) or a private server with 100 some odd people that agreed to do none of those things or be kicked that all shared a common BGS type goal while still competing with the 100,000 because it's a shared universe.
I am not sure I understand the purpose for your question. Neither of your options currently exist, Since there is no guarantee that all 100 who agree to the "rules" will follow them. If tools existed to prevent PvP attacks (Note: I didn't say griefing), then the smaller group would probably be preferred. The question I have is, where are these 100 players coming from, how would one find them? Go in the current open? Not a chance. Going into a PvE mode where I know I won't be shot as soon as I launch would be a much more attractive possibility.