I have yet to play the game, as I preordered and will only be able to do so from the 16th onwards. Just saying.
But I know these problems you are all talking about since a long time in many other games.
And the solution, theoretically, is very simple. Programming it in is maybe not so simple, but should be perfectly possible, and would be awesome imho.
I apologize if this already exists in the game (and I'm talking about the complete idea below) , but I doubt as otherwise this whole thread would not exist.
Solution:
Open can only be forced or kept on, when we have a real system which can punish people who simply gank/grief others for the fun of it.
Nothing is more 'lame' and weak then flying around in a souped up spaceship, seeing a 'newbie' flying around trying to find his way, and blasting the hell out of him just for laughs.
I do think, that this should be possible however, BUT with serious repercussions.
For a starter, the one doing so, should be immediately flagged as 'dangerous' or 'pirate' or similar, and should get a bounty on their heads which should be distributed by the computer systems over ALL of the stations and whatever exists in this game where you would be able to read it on, EVERYWHERE.
The player who got killed for no reason should have the possibilty to create a small form and add it to this distributed news, in the form of a couple of questions where you get to choose from drop down boxes etc (this to prohibit profanity because if you would allow ppl to type their own text it would become crazy I think). And all the players info should be added also to the news, including what ship he was flying, what cargo he had on him, which weapons were installed etc. And it should also show the same for the person who killed him. This would also help in judging the truth etc.
Now of course, after only 1 of such iterations, nobody can be sure that the player who got killed is speaking the truth, as it could as well have been him who opened fire for example.
So 1 iteration shouldn't incur a big penalty for a killer. But every kill on top of that should add more weight and everyone should be able to access information on ANYONE flying, and shee what he has killed during a certain past time period.
This combination of info would make it possible for ANYONE to see whether someone goes around just killing people for fun or not. Now add on to that a bounty/reward system to hunt such players down, and you would have no problems at all with this.
It doesn't stop here of course, because we all know, such lame people who do these things (killing non aware players just for fun and because they KNOW they are weaker) usually group up into bigger clans/guilds or whatever you want to call them, to avoid this happening to them etc.
Therefore, you create also a system, which makes it possible, that if a whole clan/guild in the game is harbouring such players, or a certain percentage even, that the whole clan/guild gets targeted as hostile/pirate!
Once this happens, there should be a system which makes it possible, to make group huntings on them. Meaning that for example you visit a station, you check the computers there for such players/clans/groups, and you make it possible to schedule GROUP BOUNTYHUNTS. Meaning that any nr of players can group together to go search and attack them together, meaning that even when you have such lame pirate clans/groups/guilds, they would NEVER be safe.
Of course you can do all of this by making a clan/guild yourself which does something like that, or by using the forums maybe. But most ppl like me, who have aged a bit, have gotten tired of clan life and don't want to sit on a Teamspeak talking to others just for the sake of such things. I prefer to play this game and sit calmly on my own teamspeak with my friends who play other games.
That's why it would be good to incorporate such a system into the game.
So in short, this system should make it possible for example to schedule a group hunting, and to give others the possibility to join this scheduled group hunting, at a certain scheduled date and time and star system to start off with the hunt. Once you applied/joined this hunt, you should simply be there at that time and done. Those ppl who joined should be in a separate/extra alliance or whatever you would like to call it, for the duration of that hunt so that you can distinguish each other and stay together for as far as it possible.
Now imagine that, a solution to all the problems imho... griefers and gankers would think twice in shooting ppl who are weak and unharmful, because they would quickly get hunted!!! When such a griefer/ganker hides in a clan, it wouldn't take long for his clan to become completely hunted! People would think twice and it would create a system like we all kind of know in real life, or used to know, or want at least

.
I would love to dish out the pain to such lamers and their clans/guilds they hide in. All of this would become possible without anyone needing to know anyone, without it being necessary to be in a clan yourself!!
And 'Open' or 'All' (PVP), wouldn't be such a problem at all! Imagine the people joining these hunts.... it would be magnificent!
I knew some ppl who played EVE, one of them was in what he said was one of the largest guilds there is in that game, and they go and kill ppl for fun all the time, which really destroys the game for those ppl because indeed also people who play a game ALONE like to enjoy it WITHOUT being FORCED into a clan or guild and being FORCED to be on TS or Ventrilo and so on and so on.
I hope it becomes possible, because I too, will play in Open first, but the moment I lose everything because some or other idiot(s) just decide to start firing on me for no reason, without even opening comms etc, and making me lose the weeks I have worked for for no reason at all, will instantly make me go play in Solo!
Death to pirates and their whole clans and guilds!
Make them pay in whatever way possible. Give us a means in this game to let a lot of ppl mass together specifically to hunt such weaklings and lamers down!!!
I'm sure EVERYONE, except the lamers themselves, would love such a system! Once the pirate/pirates/clan has been eradicated, they should lose their status as pirate and be able to start over fresh of course! Giving them the possibility to better their lives!
And to be honest, it would make playing a pirate also be fun, as that is what you're looking for no? Excitement and danger, you steal, and someone will come looking for you! No matter with how many you are! You know, you will have to pay, sooner or later, or run for ever!