Draw by repetition


 The FIDE 5 rule applies to only specific Live Blitz Tournaments where an Arbiter is present and witnessing a game. (Perhaps the penultimate game or one of the Elite Tournaments where Arbiters are made available.)  Draws may be claimed by the players at any time after the 3rd occurrence of position and consulting an Arbiter.  The added rule allows for the Arbiter to intervene and End the game after he views 5 repetitions without the players making any claim. The rule is not meant to supersede the 3 occurrence standard. The rule is a Tool which allows for an Arbiter to end the game when players are just repeating trying to flag. The Arbiter viewing 5 repetitions leaves no doubt that 3 occurred. 

In essence, an Arbiter is present for every on-line Live game, hence the rule can be applied automatically. Chess.com took the step of declaring such games automatically drawn without the requirement of a player making the claim. This is another issue and not related to the 3-fold occurrence rule. The added rule addresses a specific situation which gives Arbiters authority to declare Draws and was never meant to change the rule from 3 to 5 repeat occurrence. 

The thread began with -

"I've sometimes had won games determined as draws on this site when the repetition was only two times."

The game you provided as evidence reveals Three repetitions.