Gray area, awesome, I could have used this argument too for the caster level bonus. I mean seriously? As explained in some of the FAQs at the start, the description lists what you cant do, and everything else is allowed - to list everything that can be done is simply not a possible. If you want to use this argument then we can throw up the whole 8 pages of debate whether is the +1/per caster level meant to be empowered or not (where I found The Krit's explanation for this very convincing before)
The FAQs list both what you can and can't do (remember magic missile- you can increase damage). Things outside the original can and cannot are to be considered accidental placement of variables, that is DnD tries to avoid placing variables in places that do not fall neatly into one of these categories. If one is found, it should tried to be reasoned what is the best category that it should fall into. For example if there were a spell that half of the time would attempt to stun a creature, should an empowered version increase the frequency of being able to stun (because "half" is equivalent to a single outcome of a d2 roll and thus might be considered variable). I would posit this case, probability in general, in the same category as "checks" or "opposed rolls." Just because a variable shows up in a spell description doesn't mean that it was intended for use with empower.





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