What constitutes "in melee" for shooting into melee penalty: reach weapons

[ksbsnowowl]

In a Tome of Battle/Oriental Adventures game I'm playing in, two of us use reach weapons.  There is an NPC Ranger archer that does not yet have precise shot, so the definition of "in melee" is important.

Say the BBEG is being flanked by myself and my partymate; we both have reach weapons, and the BBEG does not threaten either of us.  The NPC archer is standing off to the side, so there are no issues with cover.

Does the archer take the -4 penalty for his target being "in melee?"

Would the answer be different if the BBEG also had a reach weapon, or if the BBEG was a Troll, or some other creature with natural reach, and threatened both of us pole-arm wielders?

[Kethrian]

Two characters are in melee if they are enemies of each other and either threatens the other.  (An unconscious or otherwise immobilized character is not considered engaged unless he is actually being attacked.)

[rot42]

The -4 only applies if every 5' cube occupied by your target is adjacent to a 5' cube occupied by an ally - Rules Compendium page 16. In the situation you describe - ally, 5', BBEG, 5', ally - there is enough room around the enemy that your archer can fire without penalty. This would not change if he were wielding a reach weapon or attacking with aberrantly long claws or whatever.

[Kremti]

Two characters are in melee if they are enemies of each other and either threatens the other.  (An unconscious or otherwise immobilized character is not considered engaged unless he is actually being attacked.)

If you shoot or throw a ranged weapon at a target engaged in melee with a friendly character, you take a -4 penalty on your attack roll. Two characters are engaged in melee if they are enemies of each other and either threatens the other. (An unconscious or otherwise immobilized character is not considered engaged unless he is actually being attacked.)

If your target (or the part of your target you’re aiming at, if it’s a big target) is at least 10 feet away from the nearest friendly character, you can avoid the -4 penalty, even if the creature you’re aiming at is engaged in melee with a friendly character.

So, for melee combatant with reach weapons, if they are at least 10' away, the ranged character doesn't suffer the -4 to hit penalty.

-K