Is this game drawn by repetition - Not fair?

Maybe I should have posted like this:

According to my understanding of the rules of Chess, the player whose move when made will constitute "repetion of position" may claim a draw prior to making the move.

Note the quotes. "Repetion of position" is a Chess Term. It refers by definition to 3 (or the possibility of 3) appearances of the same position on the board during a game, so I deemed it unnecessary to mention the "3" part when writing about "repetion of position".

Question: Does Chess.com automatically draw a game after "repetion of position" or must a player claim the draw?

@Jadeite: Interesting draw! Note however that in accordance with discussion in this thread, the draw was claimable by black without him having to actually make the his fourth move!

No, the player must claim the draw. He still uses the "Draw" button, but the website accepts it immediately without having to wait for the opponent to confirm.

One quirk in online chess due to the computer programming issue and how clocks work is that the draw offer has to be made AFTER you make an offical move unlike in OTB chess where you make the claim and its not an offical move (ie you dont push the clock)