XeknosBut you do click on open with the knowledge that people will attack you. That's what I'm saying. You accept those consequences by choosing to play in open. You thinking it's "unfair" or "pointless" doesn't especially matter. The onus is on you to figure out how to deal with unfriendly commanders.
It's entirely possible to click open for one reason but not another. Going open does not imply consent to ganking, just like leaving home doesn't imply consent to getting robbed in the street.
It's a game; you don't need consent. That's the whole point: you can be a bad guy in ED without RL repercussions. But don't claim to be a good guy because you had the consent of that stranger whose ship you blew up. That's just a Jedi mind trick you're playing on yourself.