Whether, or not, it constitutes "poor game design" depends on the intent behind allowing players to affect the BGS - and, as all players affect the BGS, regardless of game mode, the intent cannot be that it must be carried out including PvP. What the BGS does offer is asynchronous indirect competition between all players, not just those who prefer to shoot at other players.
It comes up again and again simply because some players cannot accept Frontier's clearly stated game design - Frontier have not changed their apparent stance on the BGS in over six years (since they published their game design information, in relation to the three game modes, single shared glaaxy state and mode mobility, at the start of the Kickstarter) and would seem to be well aware that some players disagree with their stance.
Unlike the BGS, Frontier have sought feedback from players regarding Powerplay, with Open only being one of the possible changes. Whether, or not, Powerplay ever becomes Open only, remains to be seen.
If Powerplay did go open only, it would offset this complaint about the BGS somewhat.. but as they've gone quiet on the issue (again) and reinforced BGS faction gameplay by linking squadrons to factions, this will likely become more of an issue going forward.
Elite is currently a game that includes PvP but doesn't give it any useful function or purpose.. When players or devs just keep saying 'PvP is optional, PvP is optional', it's unhelpful to the discussion because it doesn't attempt to solve or discuss any of the problems with its place or usefulness in the game and just attempts to shut down the argument.
You'd expect in a game where players can hold and fight over territory that it would play quite a key role in that area, but it doesn't because of this strange 'PvP needs to be contained' mind-set that Fdev have.
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