As said below there was no mention of repetition by Linnaeus but if repetition was illegal he wouldn't have seen it or commented on it. I agree it's tough on a player to have the rules changed mid-game but to say the king hasn't been captured is like saying suicide avoids death. What happens in chess is irrelevent, I could equally say in shogi perpetual check loses and a stalemated king also loses, the problems should be considered in the spirit of tablut not other games. As white wins the majority of games at BrainKing why should they be given two drawing resources as well? Black has no drawing resource so there is no equality and the concept of draw implies equality.
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