It would be nice if Robin D Law's writing was so fantastic that it could time travel, but, barring that, where in the 3.5 or 3.0 DMG does it expressely state to "say yes" to players?
I'd say that 3.5 didn't assume you needed it
expressly stated to get the point. If you are saying the point isn't there, then that is how you see it and that's no issue to me.
Look, I already stated repeatedly that you can do the spoon trick in 3.5. Of course you can. What you can't do, however, is do it by RAW.
I think you are missing my point. As far as I am concerned reskinning the thieves tools into a different form that functions in the precise same manner as thieves tools is still 100% within RAW.
If you say you campaign has no elves, but it does have forest people, who happen to have exactly the same mechanics as elves, you have not left RAW.
I allowed arcane spellcasters to use "arcane blasters" of a sort that were simple, cheap magical rods. And arcane spellcaster could use a move action to "charge" it. They could then fire a single blast for 1d8 damage as a normal ranged attack. Mechanically it was exactly a light crossbow. *horrors* not RAW......
What I am not saying is that this is impossible to do in 3e D&D. Of course you can and I said as much. What I did say is that the rules are pretty much against you if you try.
Actually you said
Personally, I find that since mechanics have been divorced from flavour, it becomes much easier to bring my character forward than in 3e. In one example, my somewhat insane rogue believes that he is a disciple of Kord and that his wooden spoon was once used by His Mighty Thews to eat from the character's stewpot. To open locks, I simply tap them with the "holy" relic and they pop open. That sort of thing.
You were talking about mechanics being divorced from flavor and how that gave you options 3E didn't. The whole RAW argument came later as an attempt to change the subject.
And if your DM sticks with the rules, then the player is SOL. Sticking with the rules should not be a sign of a bad DM in my opinion.
Again, I 100% agree that if your DM sucks, the players are SOL. That doesn't really contribute to a comparison of systems. Sticking to the rules is fine, foolishly misinterpreting the intent and spirit of the rules is another, and far more fitting to the point of discussion.
Going back to the specific example of the Thieves' tools, it does not say that they are required in 4e. It says to use it properly, you need them and having them grants a bonus, but, it does not forbid you from using the skill if you do not have them. In 3e, you are expressly forbidden from using the skill without thieves tools. Right in the skill description, you "require at least a simple tool of the appropriate sort". 3e mechanics are proscriptive, not descriptive. They hard wire the narrative into the mechanics.
As to 4E, I think I'll take other people's word over yours. It is easy to see how 4E would "not require" it and yet give a bonus and work out exactly the same mathematically as "requiring" it and yet letting you try without at a penalty.
And you are either missing or avoiding the point that the example you gave DID require an implement. The fact that you reskinned the implement is completely irrelevant to the mechanics.
BryonD, you like the narrative that is produced by the 3e ruleset. I get that. That's groovy. But, the narrative is no more "open" in 3e than any other edition. You attempt an action, resolve the action through the mechancs and those mechanics define how you resolve that action.
I didn't claim it is more open. YOU said 4E was better, my point was equivalence. Thanks for agreeing.
In 4e, they actually don't. I could use Theivery to open a lock by singing to it.
Again, if you describe the flavor that way, you can do that in 3E. Now, you HAVE made an important change here because there is no implement at all. I'd probably want a feat or something for that. Or just have the player agree to always to the penalty. Which would also be fine. And it also may end up be mechanically equivalent to foregoing the implement bonus of the 4E side.
Granted, I can do the same thing in 3e, but only if the DM is willing to tie up the mechanics and dump them in a trunk somewhere.
Or is a good enough DM to work with it intelligently.