I have to say, I agree with Tom. Not on everything -- well, rereading his first post, not on most things -- for instance, I absolutely disagree that 3E stifles creativity (check out my story hour!). I also don't think that 3E and rules-lawyering munchkinism go hand-in-hand . . .
But I do think that the first can help breed the second. Not always. But it can. And it's f'ing irritating.
As it implies in that there Robin Laws book, the more crunchiness there is, the more players are going to want to minmax -- because they CAN minmax. There's a strict set of rules out there allowing them to do so. They can plot their character's advancement from level 1 to level 20, and woe betide the DM who wants to change what a spell or magic item does along that path. ("I would have never become a fighter if I knew that you weren't allowing Great Cleave/Whirlwind/Bag o' Snails! You didn't tell me during character generation! I want to be able to completely redo my character!")
Or perhaps, in this situation, "Why can't I have a ring of improved invisibility? If you follow the magic-item creation rules in Tome & Blood, I should be able to make an item that does this and this for this much, and you never told me that I couldn't . . . it's in the rules!"
Other systems wouldn't necessarily give them that option -- 3E does, or seems to, IMO. And I think that's what Tom is bitching about.
It doesn't have to be that way, of course. Pcat's game doesn't seem to suffer that problem -- but he's an extremely experienced GM and his group is older than dirt

. I don't have that problem, but I told my (current) group from the beginning that magic item creation rules were different, some spells would be different, and that in general I wanted to add a little mystery back to the magic of D&D, so I wouldn't be telling them all the changes up front.
Again, no problem -- it's been working out great.
But not all DMs have the foresight to think of all the things they'd want to change, or an adult (mentally as well as physically) gaming group, or years and years and years of GM'ing experience, or a nauseatingly in-depth knowledge of all of the rules, or the will to let their players know who is the final arbiter. For those DMs . . . well, I think Tom has a point.
3E isn't DM-friendly until and unless you bitchslap it into being DM-friendly. There can be problem players in any RPG setting, but the immense crunchiness of 3E makes it easier to be a problem player in some ways. Can we all agree on that?