I would question that this is an "odd rule". It is fundamental to end play strategy where a stand off arises to play in such a way that your opponent must break first. That is the main area though others arise too. I would also question that it is only 3% of games this applies to but if for now we assume it is, then if you lose/win 3% of games you should have won/lost then that is effectively a 6% change and that is significant.