What people at Cryptic are not realizing here is that an 'Open world PVP' system can still be opt in, and consensual.. It could even go so far as to be 'open world' only in certain areas or sector blocks, and flag driven so players who don't want to opt-in, don't have to.. And when we talk about conquerable starbases, we aren't talking about Earth Spacedock you dolts, but rather perhaps, guild owned space stations in cluster sectors, or 'new frontier' sectors
/fail at thinking outside the EVE Online / World of ******** box.
It happens in every game that allows flagging. I agree, that it shouldn't, but it does. Don't believe me? Go back to WAR, and get someone to flag for PvP that is right next to someone who isn't. Hit the one who is with an AoE spell. The next guy is now flagged, and he did nothing but stand there.
What would be different here is the instancing, as you picked up on later I believe. The idea is that you have to set the flag yourself and once you do, you can be drawn into fights from sector space (aka enemy sensor contacts now) or you can go to systems and if a klink goes to the same place, then it's fight on, even at Sol because the only way you would get to that instance where you would be in danger would be by setting the flag.