The main issue, in my opinion, with the OP is that it seeks to restrict player choice through fines (or possibly delays mentioned later). It's just a stick - no carrot involved for the player making the choice - and is more aimed at making other players play the way that some players want them to rather than playing the game how they want to themself.
If a restricted-Open mode were to be introduced, I would have no issue at all with players choosing to play in it and never leave - that's their choice after all.
Agreed, the OP is all stick. There is a carrot though; for the player that's personal kudos .. not everyone's cup of tea I know, but if you're to be proudly open to PVP as a player then what better than knowing that all the people you come up against are also, in it to win it so to speak (they might be allies too, you don't know until you meet them. I love that aspect of the unknown myself).
Mara's question of architecture aside (only because I don't know) I think there's a carrot for FD as well, in that it's more hard core. Hard core solo is 100% fine .. Hard core open (if that's your choice) is also desirable, if it's authentic .. and I think authentic is good for ED's image.
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