Is this a fair way to resolve "three fold repetition" in a turn-based strategy game?

Unlike Chess, in my military strategy game, a three fold repetition does not cause a Draw. Instead, the copying player is simply forbidden to copy the other player's build order more than three turns in a row. This prevents the game from devolving into two players simply copying one another's strategy. Instead, if you want to win, you'll need to beat your opponent by using your own unique build orders and unit compositions.

The first rule of the game states that if one rule requires an event to happen and another rule forbids that event from happening, the rule which forbids the event wins out. This means there are no exceptions to the three-fold repetition rule. So if an aggressive player trains 2 sword man per turn for 4 turns in a row, the defender may train 2 sword man per turn for 3 turns, then on his 4th turn he is required to do something other than train two sword man. By then, he should have speed build a tier 1.5 unlock structure, so he should have access to pike, archers, or maybe even a rogue. Thus it IS possible to do something other than just copying the fastest possible all-in and still defend the fastest possible all-in. When my game's final form is released, there will be at least two viable non-copying build orders capable of stopping even the fastest possible sword man all-in. This way, the game is less likely to become stale and more likely to produce a wide variety of outcomes.

This rule exists because an inferior player should not be able to defend against an expert by simply copying everything the expert does. The inferior player is required to find an alternate way to defend and defeat the expert. otherwise, two experts would just copy one another's move every turn and that would be boring as hell to either play or watch.

Is this a fair way to resolve "three fold repetition" in a turn-based strategy game?
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