On the issue that pirate factions can bypass CONCORD infrastructure and not freelance capsuleers, a possible explanation is that freelance capsuleers are given their tools and status by CONCORD and using CONCORD infrastructure, while pirate factions have always been out of the loop to begin with, and have built their own. The question is, what prevents capsuleers to do the same ? Not sure. Lack of means ? Sounds stretched to me.
Your point about playing a pirate is a good point. There is 2 schools of thoughts on that :
- You are part of a pirate faction that gives you their own infrastructure, explaining why you clone up outside of CONCORD regulated cloning bays, maybe in shady parts of a high sec station, or in nullsec pirate stations. It also implies that CONCORD has no control over your neocom and capsule, or otherwise they would know it and shut it down for good. The only issue I see is that it's not like capsuleers are millions, so it should not be too hard to see that some capsuleers seem to pop out of nowhere and so, are using illegal infrastructures.
- You play in the game as a freelance capsuleers and so, are just that, a freelance capsuleer regulated by CONCORD. You can't play a faction capsuleer, which includes empire state capsuleers as well as pirate factioned capsuleers that are regulated by their own empire/pirate faction. So you can't fight for your empire, except by joining their proxy war thingy made for independent capsuleers, but you will never be part of the Gallente Navy or Ishukone Watch or whatever. You can't also be part of the pirate capsuleers lapdogs and be say, a Cartel lieutenant. Some will also argue that nobody plays a state capsuleer, so why pirate loyalists feel the need to play as part of the armed forces of their pirate faction ? So the issue is indeed, why bother playing a pirate loyalist when you can't be more than a pirate sympathizer ? Well, TSF folks will be able to talk better about it than myself... But eventually, the issue remains the same : why bother playing a faction loyalist, pirate or empire side, when you perfectly know that your role will only to be a cheerleader for your faction and nothing else, except once in a year when you will have the opportunity to play alongside NPC actors that are truly part of your beloved faction.