The other 10% was that I was trying to say that 4e is more conducive to a less literal and more free-wheeling play-style than 3rd edition.
I disagree. As I said above, eventually, 4Ed will have its own crop of literalist RAW-only rules lawyers, if it doesn't already.
IMO, 4e needs players to be more imaginative at the table and less literal with the rules to facilitate a more narrative type of play.
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3e IME was always more suited to the more literal and strict gaming style where the rules are well-explained and are meant to be taken exactly as written with no narrative interpretation.
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I think people who argue the superiority of one system over another fail to see or recognise this.
Very creative 3.X players (and those who play other systems) might take that as an insult.
I daresay nobody has ever played 3.X- or 99% of the rest of the RPGs out there- with all of the rules in effect, or without houserules.
How narrativist or simulationist your game is depends upon you and your fellow players. The way your group interacts with a given system will determine whether your game is N-ist or S-ist, not the game itself.
That said, a game that doesn't serve the "unimaginative" or casual gamer well might be doing itself a disservice in being opaque to their enjoyment.