It's not, really. That's why we haven't been focusing on that. The winking definitely does not affect resolution and has no potential to. So yes, the winking is colour just as much as the attempting to get up.
Oh really? So if the party has a pre-planned strategy, that relies on the character winking, is it still not affecting resolution? Either winking is a [free] action, or it is not. Its status as an action should not alter based on external circumstances. Either the character can wink, (regardless of impact on resolution) or he can't. You claim that anything that
can have an impact on resolution, such as giving some pre-determined signal, is an action. Then winking is an action. If you're unconscious you are not allowed to take actions.
Just like if you're paralyzed by any other means. Let's take the obvious example - petrified. The rules for petrified include 'you have been turned to stone. You can't take actions'. Would you rule that a petrified character can attempt to stand, or wink at someone? I wouldn't! It's the same rule at heart (take no actions), so why would you treat it any differently?
Yes, that's technically correct. However, since it doesn't affect resolution and has not potential to, I see no harm in allowing it. Unlike dancing a jig. Which is why we were discussing the jig.
Dancing a jig, as it was first described, had no impact either. It was silly, yes, but it was only stated to make a point. The choice of jig was a bad one for the course of the discussion, but the point stands. Essentially the question is 'where do you draw the line?'
Evidently you draw it where it can have an effect on resolution. But I argue that is a double standard because what can or can't have an affect on resolution is entirely circumstantial.
Taking the earlier example of the ogre hitting a character when he stands up: If there is no monster within reach, and the character immediately falls prone again, then by your logic, there was no impact on resolution, and therefore standing up then falling over is entirely acceptable, and is not an action. By extension, standing up, dancing an ironic jig, and then falling over, does not affect the outcome of the battle, and can be done.
Finally, take this to it's logical extreme. 4E does not include 'dead' as a status (for obvious reasons), but if it did what would it look like? I suggest something like this
- You can't take actions
- You can't receive healing
- You can be brought back to life by a raise dead ritual
Would you rule that a dead character can wink because it has no affect on resolution?