Vigwyn the Unruly said:
Admittedly it is poorly written, but the basic idea is true. A free action can be taken "while taking another action" (quote from SRD). A 5' step, on the other hand, is taken before, during [as in between], or after standard or move actions. So, it can't be done if the only thing you can do is take a standard or move action.
As we have said before the "only" limit is incorrect and is contradicted by the Surprise rules. This is because "only a single move action or standard action" excludes free action which are explictly allowed by the Surprise rules.
Vigwyn the Unruly said:
I think this is the weakest part of my argument, but I still think I'm right.
By "during," I think the authors meant "between" and I'll tell you why. First, note that in both examples they give (PHB 144), the 5' actually takes place between, not in the course of, the actions. Second, the book says you can take a 5' step during actions (plural), not during an action (singular). This is more consistent with a "between" meaning for "during."
No deffinition of the word during means between. Here are alll of the deffinition in the Oxford English Dictionary pick one that you think fits the sentence and the words use as a preposition.
During ('djuarm), vbl. sb. [f. DURE v. + -ing1]
1. The action of the verb DURE: durtaion
2. Hardening: induration
During, ppl. a. [f. as prec. + ing2]
That dures; lasting, continuing
During ('djuarm), pres. pple. and prep. (conj.)
1. The pres. pple. DURE v. = enduring, lasting, continuing, was used in Fr. and Eng. in a construction derived from Latin ablative absolute;
thus L. vita durante, OF. vie druant, Eng. life during, while life endured or endures.
2. prep. Throughout the whole continuance of; hence, in the course of, in the time of
3. (conj.) While; until. (Also during that.) Obs. rare [cf. f. durant que, pendant que.]
Since during is used as a preposition in the sentence only the bolded deffinition fits. And I see nothing in deffinition 2 that means between.
Also Merriam-Webster Online Dictionary provides two deffinitions of during (both for the preposition) that may feel less esoteric but still do not mean between.
1 : throughout the duration of <swims every day during the summer>
2 : at a point in the course of <was offered a job during a visit to the capital>
The plural because one usally has the option taking more than one action in a round not because you can not take a 5ft step during an action.
Vigwyn the Unruly said:
That's fine, it may not be in the primary spot, but it is still a rule. Since nothing in the primary sections directly contradicts what is in the Action Types rules, we can't just throw out that sentence. It's perfectly consistent with the other sections.
The sentence regarding surprise rounds in the Action Types rules directly contradicts the Surprise rules on the issue of Free Actions. It also directly contradicts the 5ft Step rules. Thus since it is not the primary rule source in each case the primary sources over rule the Action Types rules on the issues of whether or not one may make free action and whether or not one may make a 5ft step.
Vigwyn the Unruly said:
Again, this argument doesn't work. They also don't mention move actions, and I don't think you would suggest that you can only take standard actions just because that's all that's mentioned in the Surprise Round section.
No because the rule under Action Type state "You can take a move action in place of a standard action." and since on the issue of types of actions and their uses the Action Type rules are the primary rule source one may take a move action in place of the standard action of the Surprise Round.
Vigwyn the Unruly said:
OK, I can make two different arguments against this.
First, a "surprise round" is not a "round." That might seem funny, but remember that an "incorporeal touch attack" is not a "touch attack."
Actually this could possibly be the case but since a Surprise Round is a special type of Round rather than a Separate type of ability that shares part of the same name as with Incorporeal touch attacks and Touch attacks I am inclined to think that all the normal rules for Rounds apply to Surprise Rounds unless stated not to.
Vigwyn the Unruly said:
Second, if you don't buy that argument (and I'm not even sure that I do

), I challenge the use of the word "any" in this context. This is not the only place in the PHB where the authors say "any" but clearly don't mean it. For example, the SRD says "With a normal melee weapon, you can strike any opponent within 5 feet." This is clearly not true, because you cannot strike an incorporeal creature with a normal melee weapon, even when it is within 5 feet.
Actually you can strike an incorporeal creature with a normal melee weapon but it "can be harmed only by other incorporeal creatures, magic weapons or creatures that strike as magic weapons, and spells, spell-like abilities, or supernatural abilities". This means you can strike it but you will not inflict any damage.
Also some rules are modified by other rules that address that situation more specificly. For example when attacking normally if your attack roll equals or beats the target’s Armor Class, you hit and deal damage but if that target has Damage Reduction or a Miss Chance this may not be the case because the specific rules modify the general rules. This does not that the general rule is wrong just that in certain instances other rules modify its application.
I am using this deffinition for the word any (from
Merriam-Webster Online Dictionary).
3 a : unmeasured or unlimited in amount, number, or extent <any quantity you desire>