it's not fair to punish the people who play in the open for someone's private actions.
Let's forget for a minute that modes are great thing for people who want to play this game, feel part of something living, yet not encounter usual MMO immature behaviour.
Let's forget that noone is punishing you for someone's private actions, but it's you who is trying to "own" some part of the game that's not designed for that.
Elite is NOT an arena deathmatch game, where you have 64 players competing against eachother.
Here, you have background simulation that reacts to every player actions, regardless of mode he's playing, instance, platform, etc.
In Elite, you can potentially have 20k people (or whatever) doing something at the same time in the same system. Even if those people will all be playing in Open at the same time, you will never be able to encounter all of them. NEVER. Technically impossible. All those players will be spread around in thousands of instances.
Even if there will be two players in Open, on the same platform in the same system at the same time, you might not end up in the same instance if one of your internet connections is slow, for example.
If you enjoy influencing some faction via BGS, then ok, but learn to use the system as it is. Try to understand why it is the way it is and move on.
Space is big, you'll never be able to catch everyone cruising about.