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A game is drawn if a position is repeated 3 times. Does "the position" include the pieces that are available for placement?
For example, the white king is on b2, and a black night is on a4 giving check. Do the following moves create a draw?
K-b1 N-c3+
K-a1 P@b2+ (placed pawn)
Kxb2 N-a4+
K-b1 N-c3+
K-a1 P@b2+ (placed pawn)
Kxb2 N-a4+
K-b1 N-c3+
K-a1 P@b2+ (placed pawn)
Kxb2 N-a4+
If the pieces available for placing are considered, no position has been repeated. But if they aren't, this is a draw by repetition
This isn't a perpetual check, since black will eventually run out of pieces to place at the b2 square.