3rd repitition of the same position

From the F.I.D.E. Laws of Chess:

10.10
The game is drawn, upon a claim by the player having the move, when the same position, for the third time:
(a)
is about to appear, if he first writes the move on his scoresheet and declares to the arbiter his intention of making this move; or
(b)
has just appeared, the same player having the move each time.
The position is considered the same if pieces of the same kind and colour occupy the same squares, and if all the possible moves of all the pieces are the same, including the rights to castle [at some future time] or to capture a pawn "en passant".

What I find interesting here is the use of the word 'claim' does this mean it is not an automatic draw? i.e. if neither player wants to settle for a draw. If so, then yahoo's software is incorrect in automatically settling the game as a draw. Can anyone elaborate on this please?

Originally posted by stevetodd
From the F.I.D.E. Laws of Chess:

10.10
The game is drawn, upon a claim by the player having the move, when the same position, for the third time:
(a)
is about to appear, if he first writes the move on his scoresheet and declares to the arbiter his intention of making this move; or
(b)
has just appeared, the same player having the move each time. ...[text shortened]... is incorrect in automatically settling the game as a draw. Can anyone elaborate on this please?

Originally posted by Redmike
Yes, someone has to claim it.

If neither of you want to claim, the game continues. This might happen if you both think you are winning, but repeat the position to get to the time control, for example.

If Yahoo automatically awards a draw, then this is incorrect.

IF someone had checkmated you AFTER the 50 move rule period, can you then claim a draw because of the 50 move rule (after forgetting to do so earlier) or do you have to make your intented move BEFORE being checkmated?