Indeed, punishing allowed game play severely will not improve the game, the key point being that it is a game, supposed to be fun, why would people play if what they do, often what the game encourages them to do, gives them a severe punishment.
Making player ships a special case (we can destroy NPCs all day long, but touch a clean player and it's time out) might get around this issue, but as you say, it has the potential to kill of consensual PvP too, presumably not what FD want.
A good and believable law and order system in the game would be a positive thing, but I am not convinced it's going to be the thing that solves unwanted PK'ing.
But you're missing the two issues causing this entire problem:-
1) The game (OPEN) does little/nothing to prevent the mindless destruction of a CMDR by another. A CMDR (& his wing) want to blow you up for the lolz? No problem!
2) Worse still, the game does little/nothing to actually offer constructive, organised, interesting PvP tasks, missions and mechanics.
In effect the game is totally out of whack with where surely it should be? If a player wants to partake in PvP then take up a role, task, mission or community goal that offers it. If a player does not want to partake in PvP, then don't.
At the moment it's incredibly hard to find any meaningful PvP, so is it surprising when players just going about their business (in OPEN) are being attacked simply for the other CMDR's entertainment, given little/no other means of engaging in PvP?
One can only imagine undertaking a mission to go and protect a convoy, and asking your wingmen (friends) along to help you, and knowing that with this particular mission (because you've specified you're interesting in PvP), you may not just be facing NPCs, but there is a mission out there for other CMDRs to come and attack the same convoy! And all combat and destruction in this mission/event is entirely "legal" with no fines etc etc to worry about!
Heck, even create a couple of dedicated combat zones in interesting locations (asteroid fields or around a CQC platform) and declare them anything goes for TV entertainment... And even help with rebuy costs in these zones...
In short, come down hard on mindless PvP destruction, and instead instead offer plenty of avenues for consensual PvP!
ps: I'd even let the game create the odd rare mission for a player (renowned pirate?) to go and murder a Pilots Federation member in a system X, Y or Z without any legal action being taken against them. So some "danger" can be instilled in the game, but far from random, it's controlled!
Look at Roybe's post a couple up (#1426). He seems to want to play in OPEN, but not suffer mindless ganking/bullying... And this is surely not much to ask for? How is mindless ganking in anyway constructive towards the gaming experience for anyone other than the person commiting it? Does that style of play deserve consideration at the expense of the majority of players who instead prefer a more constructive (& fair) experience?
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