Stackability of staged Save Ends effects?

Question

Rules Compendium, Page 228:

Identical effects that a save can end

If a character is subject to identical effects that a save can end, ignore all but one of those effects. For instance if the character is dazed (save ends) and then is attacked again again becomes dazed (save ends), ignore the second effect, since it is identical to the first one.

The Basilisk has the Petrifying Gaze attack, that on a hit causes the following:

Hit: the target is immobilised SE
First Failed Saving Throw: Target is restrained instead of immobilised SE
Second Failed Saving Throw: Target is Petrified.

Am I correct in reading that once someone has failed their first save against the Basilisk's Magic Eyeballs, that they are now open to having the effect reapplied, and therefore being subject to the power's ongoing effect twice, albeit at different stages?

Is the effect (usage of the term from the rules exerpt) of the attack the whole block, or only the current status effect at the time?

Answer 1

Yes.

Page 228 doesn't mention anything about "attacks that inflict status;" it only mentions that statuses themselves.

This means we first have to figure out whether a "raw" immobilized (save ends) is the same as the immobilized (save ends) given by the power. For that case, I would say no as the effect given by the power also has additional conditions on it (namely the worsening on failed save), in the same way that the "ongoing 5 damage" and "ongoing 5 damage and slowed" effects would be different.

This still leaves the question of whether this power's effects at different stages are considered different effects or not. I would argue that yes, they are based on the following quote (from Dragon Magazine 373):

Sometimes an effect changes as a target fails saving throws against it. The new effect, specified in a “First Failed Saving Throw” or a “Second Failed Saving Throw” entry, takes effect after the target fails a saving throw against the previous effect at the end of the target’s turn.

This implies that each part of the move is a separate effect, so you would be free to reapply the immobilized (save ends) with the appropriate penalties on failed saves again with another use of the attack when the previous attack has progressed to restrained (save ends).