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Microsoft Seeks Patent On Shaming Fat Gamers

theodp writes "A newly disclosed Microsoft patent application — Avatar Individualized by Physical Characteristic — takes aim at fat people, proposing to generate fat avatars in gaming environments for individuals whose health records indicate they're overweight, limiting their game play, and even banning them. From the patent application: 'An undesirable body weight could be reflected in an overweight or underweight appearance for the avatar. Only requisite health levels are allowed to compete in a certain competition level. A dedicated gamer could exercise for a period of time until his health indicator gadget shows a sufficiently high health/health credit in order to allow reentering the avatar environment.' Linking one's gaming avatar to one's physique, explains Microsoft, will produce healthy and virtuous behaviors in individuals. Microsoft also proposes shaping gaming experiences by using 'psychological and demographic information such as education level, geographic location, age, sex, intelligence quotient, socioeconomic class, occupation, marital/relationship status, religious belief, political affiliation, etc.'"

85 of 553 comments (clear)

  1. Digital medical records by TheMeuge · · Score: 5, Funny

    So THAT's why we're going to have digital medical records...

    1. Re:Digital medical records by Anonymous Coward · · Score: 5, Insightful

      I thought one idea of games was to escape various aspects of the real world, by pretending to be somebody we aren't (like a would-be ruler of the world)?. Why do we want to be dragged as ourselves into the game enviornment????

    2. Re:Digital medical records by Anonymous Coward · · Score: 5, Insightful

      funny you should mention that. When I read the summary my main response was something along the lines of it being impossible to implement even if the stupid patent was approved simply because:

      NO GOD DAMNED GAME COMPANY SHOULD BE ABLE TO ACCESS YOUR FUCKING MEDICAL RECORDS TO FUCK WITH YOUR GAMING TO BEGIN WITH. (For ANY reason really.)

    3. Re:Digital medical records by binarylarry · · Score: 5, Funny

      Why do you say that, fatty?

      --
      Mod me down, my New Earth Global Warmingist friends!
    4. Re:Digital medical records by Anonymous Coward · · Score: 3, Interesting

      I'm just going to leave this here...

      http://www.healthvault.com/

      This is by Microsoft.

    5. Re:Digital medical records by tsa · · Score: 2, Insightful

      My reaction was exactly the same when I saw that website. Why should I willingly enter all my medical data on any webpage, let alone one that is run by Microsoft?

      --

      -- Cheers!

    6. Re:Digital medical records by Atrox666 · · Score: 4, Insightful

      I used to think this until I realized that I was paying Blizzard for the simulated experience of waiting for public transportation.
      I could get a more immersive experience by putting on a troll mask and riding the subway. There are even some dialects of Chinese that sound a little like murloc. On the other hand I'd love for my IRL military training to count in call of duty.

    7. Re:Digital medical records by TDyl · · Score: 2, Interesting

      I can see my love of FRPG games taking a nose dive if this ever is enabled; I'd never even be able to kill a goblin in real life let alone in, I don't know, Neverwinter Nights, so does that mean my game experience stops after 10 minutes of play and I've wasted my money? I play games to excise the real world not continue to react with it. Additionally the thought of a private business, let alone the farking gubbermint, having access to my health data is an anathema to me; this patent is patently stupid and M$ employees must be overpaid and incredibly bored to think this will generate precious revenue for the Ballmerites. Disclaimer: English, living in England, slim, mid-40's and, at the moment, an avid RPGer.

      --
      Todd: I hope it proves as delicious as the farmers that grew them
    8. Re:Digital medical records by Toonol · · Score: 2, Funny

      This is why Project Natal will fail.

      Or perhaps why it will succeed.

      I tied with you for most contentless post.

    9. Re:Digital medical records by Beardo+the+Bearded · · Score: 5, Informative

      Well, I used Wii Fit to level up my rig -- I lost 20 pounds in the first two months while adding a significant amount of mass onto my arms and shoulders.

      I'm now at about 165 pounds. My peak weight 10 years ago was about 250.

      I note that Mario Kart uses your Mii info to determine what weight class you race in once you unlock yourself. That's probably enough prior art to invalidate this patent.

      --

      ---
      ECHELON is a government program to find words like bomb, jihad, plutonium, assassinate, and anarchy.
    10. Re:Digital medical records by Anonymous Coward · · Score: 3, Funny

      I'd love for my IRL military training to count in call of duty

      I'd love to see someone in combat running around hopping like a rabbit wielding akimbo style shotguns, I'm sure that guy would make it home.

    11. Re:Digital medical records by citizenr · · Score: 3, Interesting

      On the other hand I'd love for my IRL military training to count in call of duty.

      Try Operation Flashpoint. I played that with 3 of my friends (CoOp) and we struggled, replaying some missions over 7 times. Then we exchanged one of the players for an active Finnish Army Medic and blasted thru the game with only one casaulty.

      --
      Who logs in to gdm? Not I, said the duck.
    12. Re:Digital medical records by Have+Brain+Will+Rent · · Score: 2, Insightful

      Not being yourself will be available as a future upgrade for a slight additional cost. After all escape from reality shouldn't just be free, right? Think of how that would cut into the profits of drug deale... errr drug manufacturers... and the makers of fine alcohol.

      --
      The tyrant will always find a pretext for his tyranny - Aesop
    13. Re:Digital medical records by Beardo+the+Bearded · · Score: 3, Interesting

      Actually, no, it wasn't games. I worked in a mall while I was in my first year at College. For lunch, I'd often have a donair, poutine, and a orange julius. For snacks, I'd get a pack of bars from the chocolatier. I never cared enough about my appearance to work out or restrict my diet in any way. I got basically no meaningful exercise, even though I thought that I did.

      My wife (I can't remember if she was my girlfriend or fiancee at the time) won a prize that included 2 bikes. I biked to class one day, not realizing just how terribly out of shape I was. It took some time, since I had to stop and take breaks. (My rule was that I could take breaks, but I couldn't walk my bike.) I kept biking, and kept biking, and went down to about 185. The extra effort from the Wii has kept me at 165 for the last year and a half (It's starting to drop again from spin classes)

      Interestingly enough, if I'd spent my money on video games, I'd never have gained the weight in the first place. I'd be nowhere near as strong as I am now, though -- thanks to the biking, I have superior lower body strength; thanks to the excess weight, I have resilient tendons and good skeletal structure.

      --

      ---
      ECHELON is a government program to find words like bomb, jihad, plutonium, assassinate, and anarchy.
    14. Re:Digital medical records by Ihmhi · · Score: 2, Interesting

      Man, someone needs to make a real-life D&D character sheet generator. Take I.Q., body fat, muscle mass, BMI, etc. into account and roll stats from that.

    15. Re:Digital medical records by rtb61 · · Score: 2, Informative

      Face it the patent is disgusting, "The physiological data can be gleaned from a third party health data collection repository, a healthcare smart card, a real-time physiological sensor" it is so mind bogglingly privacy invasive that truly only M$ could have come up with it, especially for that line alone.

      Why is M$ going out of it's way to make itself look stupid, clumsy and downright evil. There seems to be this major disconnect going on in Redmond between what they think is acceptable and what the rest of the planet thinks is acceptable. Ballmer driven patents, patent as much crap as you can, count the number of patents pat yourself on the back for a job well done and ignore the money you've wasted on patenting useless ideas, ignore the marketing damage done to the companies image as everyone discusses those patents.

      Seriously the stupid patent goes even further "In addition, the physical characteristics can include psychological and demographic information such as education level, geographic location, age, sex, intelligence quotient, socioeconomic class, occupation, marital/relationship status, religious belief, political affiliation, etc. Such information can be useful in enhancing social interaction as well as adjusting how an avatar performs in a competitive virtual environment." you really couldn't make up a story where a company would be stupid enough to put that into a patent. So, what does that mean, if your a gay, overweight, atheist, who votes socialist, you are pretty much fucked and will not win any game ever or what ever else marketing dollars decide is the ultra consumerist lifestyle.

      --
      Chaos - everything, everywhere, everywhen
    16. Re:Digital medical records by terryducks · · Score: 3, Insightful

      Well for one; HIPPA regulations (in the US).

      Tis a slippery slope down to MegaInsCorp refuses to let you buy that bag of Doritos. The car didn't start as the CORP tells me I need to lose a few pounds.

    17. Re:Digital medical records by Anonymous Coward · · Score: 3, Insightful

      Actually, if you know body fat and muscle mass, BMI is kinda useless. BMI is used to estimate how 'fat' you are (so I guess it tries to predict your body fat), but having a lot of muscle will give you a high BMI even if you are not fat. Now I'm not one of them BMI-haters, I believe it is quite useful for the average person to give an indication of how healthy their weight is, but if you have better data (body fat and muscle mass) by all means ignore BMI.

    18. Re:Digital medical records by mhajicek · · Score: 2, Funny

      It could help if someone breaks into your house to steal your Playstation...

  2. It's a Free Market by TrippTDF · · Score: 4, Interesting

    if Microsoft does this, then the Playstation becomes the console for the large.

    1. Re:It's a Free Market by Rei · · Score: 5, Funny

      I can just imagine the slogan: "Escape your depressing real life into a matching world!"

      Logging on...

      "Our records show that you are an overweight high-school educated 36-year old mail in Akron, Ohio with below-average IQ, part-time employment at a Wal-Mart with an annual take-home of $16k who is a single Baptist Republican."

      Creating avatar... done.

      "Congratulations! Explore our virtual world with your new avatar -- an overweight, high-school educated 36-year old male with below-average IQ."

      Your avatar will spawn in: Virtual Akron Ohio
      You start with the following items: Bible, Pat Robertson DVD, "Going Rogue" by Sarah Palin
      You start with: 0 gold
      You earn: 7 gold per hour
      For doing the following task: Checking groceries at the Virtual Akron Wal-Mart.

      --
      Nobody pushes buttons like our bunny. Big red buttons with labels that say "IGNITION", apparently.
    2. Re:It's a Free Market by Volante3192 · · Score: 2, Funny

      And you spend your spare time... playing a game as a virtual virtual wal-mart stocker.

    3. Re:It's a Free Market by Zarf · · Score: 2, Interesting

      Your Avatar's hobbies include playing this game... as you.

      --
      [signature]
    4. Re:It's a Free Market by Sponge+Bath · · Score: 5, Funny

      You earn: 7 gold per hour
      For doing the following task: Checking groceries at the Virtual Akron Wal-Mart.

      Not for long. I'm certain there are Chinese gamers who will do it for half that much.
      Welcome to the long term unemployed quest!

    5. Re:It's a Free Market by TheCarp · · Score: 4, Insightful

      I seriously think I would be busting a gut laughing no matter who came out with it.

      So... lets just forget all about HPAA or whatever other health record privacy regulations you may be subject to. Lets just assume they can get around all that in a reasonable way.... and figure out how to get all the data that they want from health records....

      So now, I can diet all I want, but my avatar wont get skinnier until I go in for a checkup? Will my insurance be expected to cover extra checkups to keep my avatar current?

      Wouldn't people who are overweight, just.... not play the game. It seems a lot easier. Especially since, there are many other games that wont force them into a suck gaming experience.

      This smacks to me of the drug war. "Look kids, drugs are bad, because if you do them, we will throw you in jail". That doesn't make drugs bad, it makes you a dick. Its "I don't approve of your condition and the negative impacts that it has on your life, so I am goin gto impose new negative impacts to help you".

      Its exactly the sort of attitude that you resent when your friends and family take it with you... and you expect anyone is going to put up with it from Sony?

      --
      "I opened my eyes, and everything went dark again"
    6. Re:It's a Free Market by Whiteox · · Score: 5, Funny

      I, on the other hand, am a 6'6" tall, bulging muscles on skeleton type of guy who has any woman I desire at any time, even when fighting off foes, a superb intellect and the sun shines out of my arse (ass for you yanks).
      Now where's my avatar?

      --
      Don't be apathetic. Procrastinate!
    7. Re:It's a Free Market by kalirion · · Score: 5, Funny

      According to your medical records, you are a compulsive liar. In order to protect the children, you will not be able to access our online community. If you persist in attempting to register, the FBI will be notified.

    8. Re:It's a Free Market by jo_ham · · Score: 2, Funny

      Gee... I'm a Southern Baptist (who regularly attend church, Creationist, etc...), however; I neither care for Pat Robertson nor Sarah Palin.

      In that case, you'll just have to evolve a sense of humour.

      Oh, sorry.

    9. Re:It's a Free Market by badboy_tw2002 · · Score: 2, Insightful

      Check off humorless and touchy as well!

    10. Re:It's a Free Market by elfprince13 · · Score: 2, Funny

      It's only one level deep, so it's more like plain old meta-suck.

    11. Re:It's a Free Market by earlymon · · Score: 3, Funny

      I, on the other hand, am a 6'6" tall, bulging muscles on skeleton type of guy who has any woman I desire at any time, even when fighting off foes, a superb intellect and the sun shines out of my arse (ass for you yanks).
      Now where's my avatar?

      Your avatar request is fully noted and your order parameters and pre-ship details appear below.

      Many good lucks to you in your gaming! /snappy SALUTE!

      Sincerely yours,
      Orders@Aurora_Avatars.com

      Order fulfillment details:

      1. You are exceptionally well-built and can get laid all the time by any woman you desire.

      2. Avatar Analysis Wizard results indicate that there are not enough women you desire to lay, and would prefer to fill your time role-playing in a game.

      3. Your avatar is one with a chiseled face, piercing eyes, skin colored a near-perfect, brushed-metal bronze, a shock of thick, yet somehow simultaneously lithe and responsive, magnificent mane of hair - in short, nearly possessing the good looks of an Auroran (such as the the real-life appearance of the president and founder of Aurora Avatars).

      4 The most outstanding feature of your new avatar is the letter on your forehead in hyper-glow, yellow-green-white, that eerily seems to almost float, retaining its holographic-like legibility regardless of how you turn your head.

      (** Copyright claimed by me, as creator, for Aurora Avatars and all related trade names, and product descriptions)

      --
      Pathological kinda promises Path + Logical - but instead, you get stuck with pathetic.
    12. Re:It's a Free Market by twidarkling · · Score: 3, Funny

      Unless during your character's off-hours, you sign them up for this service to go play games. Wherein the character's character would then go work at the Virtual Virtual Akron Wal-Mart...

      --
      Canada: The US's more awesome sibling.
  3. ooh, fun! a patent to tattoo "undesireables." by swschrad · · Score: 4, Funny

    prior art exists, now Ballmer has to grow a stupid mustasche, chew carpets, and march on Poland.

    --
    if this is supposed to be a new economy, how come they still want my old fashioned money?
  4. And presumably all this will be done.... by pandrijeczko · · Score: 5, Funny

    ...on a fantastically lean, mean & slim Microsoft Windows OS?

    --
    Gentoo Linux - another day, another USE flag.
    1. Re:And presumably all this will be done.... by Anonymous Coward · · Score: 2, Interesting

      My guess would be that they want this for the XBox 360 to go along with Project Natal.

    2. Re:And presumably all this will be done.... by adbge · · Score: 2, Insightful

      Yeah, cause the Linux kernel isn't bloated or anything, right?

      Funny, the OP didn't mention Linux... Cute straw-man.

  5. Brilliant by tsotha · · Score: 5, Insightful

    Brilliant idea. Take people who don't measure up to everyone's expectations, and heap shame on them in the one place where they can take a break from it all. Microsoft should also file for a patent on a method to lose money.

    1. Re:Brilliant by Shakrai · · Score: 4, Funny

      Microsoft should also file for a patent on a method to lose money.

      Windows Vista hasn't been patented yet?

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    2. Re:Brilliant by Archangel+Michael · · Score: 3, Insightful

      MS isn't losing money on Vista. They are just charging for Vista SP3, AKA Windows 7.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
  6. HA! by cortesoft · · Score: 3, Funny

    Ha! I have been shaming and banning fat people for years now. Where is my patent?

  7. You think this doesn't effect you by Locke2005 · · Score: 5, Insightful

    Does this mean I won't be able to play as a 36-24-26 blonde woman anymore? If Microsoft starts actually checking players appearance and gender, I predict there will be absolutely no "hot chick" avatars in the Microsoft MMORPGs! Is this "sausage fest" environment really the result they are looking for?

    --
    I've abandoned my search for truth; now I'm just looking for some useful delusions.
    1. Re:You think this doesn't effect you by clone53421 · · Score: 4, Funny

      If Microsoft starts actually checking players appearance and gender

      It’s okay... you can fool it with a picture of a vagina.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    2. Re:You think this doesn't effect you by FlyMysticalDJ · · Score: 2, Interesting

      It kind of defeats the purpose of a "Role-Playing" game. I think They should also make it so that to play as a rogue, you must have a criminal record for having stolen something, and to play a warrior you must have a record of having killed someone. Oh yeah and to be a wizard you must have a record of having broken the laws of physics.

  8. From TFA: by jockeys · · Score: 5, Informative

    "The physiological data can be gleaned from a third party health data collection repository"

    As someone who worked in the healthcare industry for a number of years, this seems like a HIPAA violation lawsuit waiting to happen.

    --

    In Soviet Russia jokes are formulaic and decidedly non-humorous.
  9. WTF??? by gstoddart · · Score: 4, Insightful

    Microsoft also proposes shaping gaming experiences by using 'psychological and demographic information such as education level, geographic location, age, sex, intelligence quotient, socioeconomic class, occupation, marital/relationship status, religious belief, political affiliation, etc.'

    Where, exactly, does Microsoft think it's going to get this stuff from? The summary actually makes reference to health records.

    Heck, I'm not sure most government agencies should have access to most of that information. Microsoft sure as fsck has no business with it.

    Welcome to the dystopian future, fat boy. This is actually kind of scary.

    Cheers

    --
    Lost at C:>. Found at C.
  10. Exercise stimulates endorphins by Akido37 · · Score: 3, Insightful

    So I want to play games, so I have to exercise. Exercise releases chemicals causing pleasure in my brain.

    Eventually, I enjoy the exercise more than video games. I stop buying new games, and EA/Microsoft/Sony/Nintendo go out of business, and thousands of people lose their jobs.

    Thanks a LOT, Microsoft!!

  11. Pot, kettle, black. by PPH · · Score: 4, Funny

    I drive through the Microsoft's campus almost daily. One of the funniest things I've seen (I have a rather twisted sense of humor) is all the Microsoft employees trying to waddle across the too short and too frequent pedestrian crosswalk signals that Redmond configured.

    --
    Have gnu, will travel.
  12. Re:So they want discrimatory features into games.. by wizardforce · · Score: 2, Insightful

    Sometimes patents like this one can serve the public interest merely by reducing the likelihood of bad ideas like this one from being put into general use through fines and legal action.

    --
    Sigs are too short to say anything truly profound so read the above post instead.
  13. Re:Patent Office by Anonymous Coward · · Score: 3, Funny

    The patent office doesn't invent any new drugs. That's like saying the post office is wasting its time on Cosmopolitan.

  14. NOOO by Mekkah · · Score: 2

    NO SMOKING NEAR MY XBOX 720! You will void the warranty with their built in smoke detector!

    --
    ~Mekkah
  15. Can I ? by daveime · · Score: 2, Funny

    Can I be the first to heap scorn on the fat kid in the photo.

    You fat bastard, you fat bastard, you ate all the pie !
    (And a bucket of chicken too by the look of it).

    Why do people allow their kids to turn into such bloaters ? And don't give me any of that "oh it's genetic crap". There is no DNA strand that codes for "being a fat little piggy who Mommy overfeeds in the hope you'll amount to something more than your Father when you grow up".

    I blame Mario ... come on, he eats pizza all day and has a right paunch on him too ... what kind of a roll model is that ? (Note the deliberate misspelling of roll, thats a pune or play on words, that is). And Sonic too, I mean he was so fat, after 5 seconds of running he starting rolling head over heels.

    1. Re:Can I ? by KarmaMB84 · · Score: 2, Informative

      high fructose corn syrup

      Suppresses sensations of fullness which would normally prevent overeating. In the United States the stuff is in EVERYTHING that would normally contain natural sugar. It has also been linked to diabetese or at least the same symptoms of diabetese.

  16. Re:Patent Office by Nadaka · · Score: 3, Insightful

    Thats right. Nothing says progress like granting a extortionate monopoly on a drug that could save millions, if only they could afford it.

  17. Profit Margins - not so much by bruciferofbrm · · Score: 2, Interesting

    Imagine how this will work.

    Overweight people will be banned from a game if they don't 'get fit'. Those who really want to play will then 'get to it' and get in shape.

    Of course with all that exercise and new activity they are participating in will slowly bring them to realize there is something else to life then online avatar based games (with very shallow user access requirements). Slowly they will turn away from such games and begin doing things that are more active and fit in with their new health conscious life style.

    Profits in gaming start to fall off because they banned all the people who pay to play and be someone else. When they got to the point they would qualify to play the game, they no longer had the mindset to want to play the game.

    And there go my Microsoft stocks.

  18. Probably trying to avoid frivolous lawsuits by ravenscar · · Score: 2, Interesting

    MSFT probably realizes that they are right behind fast food chains in being targeted for law suits claiming they are liable for making people fat. By making such a feature available to say, parents for example, they may make themselves less susceptible to suit. I highly doubt MSFT is just looking to shame people.

  19. You want to patent something useful... by paulsnx2 · · Score: 3, Interesting

    You have to insure that the fitness measurements of an individual actually belong to the individual. Haven't read their patent, but I can't see how a game can reasonably do this without some sort of biometric keys.

    And what are they going to do about people with medical conditions that might preclude exercise or normal weight? Are they really going to kick people off off the game with cancer because they have no control over their water retention?

    All in all, this is a remarkably dumb idea.

    It might be better suited for a dating site, using some mechanism to insure that the Avatar for an individual accurately represented basic physical aspects of an individual while preserving mostly their anonymity. Maybe use a Video camera plus some other hardware to scan the individual both to identify them upon logging in and updating their avatar to reflect any changes to their weight/height/BMI/hairline etc.?

    Please consider this *publishing* of this idea, and as a result *invalidating any patent* that might build off this stupid Microsoft idea.

  20. Discrimination by PenquinCoder · · Score: 2, Insightful

    Not only for the workplace anymore! Now standard on all MS games. If Microsoft seriously gets this 'patent' approved for the US gaming market.... how will it actually hold up against the constitution? If it's illegal to discriminate against people for the above reasons (sex, socioeconomic class, marital/relationship status, religious belief, political affiliation, etc) for things like a job, a loan, housing; then what makes it alright for MS to use those for 'shaping gaming experiences' ?

  21. Re:Cool, the corporate nanny state. by Zencyde · · Score: 5, Funny

    Stop telling me how to live my life! If I want to tell others how to live their lives, that's MY choice.

    --
    What day is it? Could you please tell me?
  22. Its an american problem again. by unity100 · · Score: 4, Interesting

    you and your obsessions. fat people are not discriminated against or humiliated in any way in my country. the country is turkey. and i have never yet seen any other country nearby, leave aside any european countries in which overweight people were ridiculed, belittled, bullied or discriminated against in any respect.

    i very much have the idea that you people are so obsessed with your own socioeconomical circumstances, and so many bullshit propaganda being fed into you that you fail to see a world outside yours with different ideas and inclinations exist.

    1. Re:Its an american problem again. by mckinnsb · · Score: 3, Insightful

      You mean the reason why Europe has fewer fat people is because europeans don't treat the obese like fucking monsters? No way! Thats crazy talk.

      I have long believed that is the American obsession with image and sexuality that has aggravated the problem of obesity. Nearly every 'good' cure to obesity (omitting dangerous diet pills or starvation diets) involves social interaction of some kind. Lampooning people who suffer from obesity only furthers their isolation and in no way is productive towards recovery.

      I was an overweight, acne-ridden, isolated kid all through middle school - but it was the social interactions I made through multiplayer gaming on the internet (specifically, MUDS - yeah... mega dork) that gave me the confidence to approach people in real life (high school), and later lose weight with their encouragement (senior year).

      Also, isn't there a beauty to anonymity? Do we really need to see everyone's physical appearance to judge if we want to kill some mobs and grab some lootz with them? I personally would prefer not to. If I'm looking for women, I go to a supermarket, mall, or bar. On the net, my intent is otherwise focused, and I don't need to see what my digital comrade looks like to figure out if I'm having a good time playing my game. That much is usually implied.

  23. Wii Fit by chasisaac · · Score: 2, Informative
    Does not Wii Fit already do this?

    Another way to make life suck even more. I bet this is a deal with the new health care system to make more people kill themselves.

    --
    -- A computer without Windoze is like a choclate cake without mustard
    1. Re:Wii Fit by Monkeedude1212 · · Score: 2, Insightful

      Does not Wii Fit already do this?

      No. It does not.

      Proposing to generate fat avatars in gaming environments for individuals whose health records indicate they're overweight, limiting their game play, and even banning them

      The Wii Fit does not make your avatar appear bigger or smaller than how you set it. The closest thing that comes close to any kind of discrimination is it making constructive criticism on how to improve your health, not to shame you.

      Microsoft is trying to shift the blame of "Video games making people fat" by taking all the social stigma of the real world against obesity and putting it into their games.

  24. Re:Prior art: Nintendo Wii Fit by Itninja · · Score: 4, Funny

    the USA has some fat, fucking people

    Oh, I am pretty sure those two things are universally exclusive.

    --
    I judt got a nre Kinesis keybiartf so please excusr ant egregiou typos.
  25. What about disibilities? by Skraut · · Score: 4, Interesting

    One of the most touching things I ever had on Xbox Live was when I received a message I from a friend who always seemed to be on, but not in the previous 2 weeks. The message was from his mother thanking me, and everyone on his friends list for being his friend and telling us he had passed away. She continued to tell us he had Downs Syndrome, and at 21 years of age had passed away from complications of it. She told us that we, his virtual friends were the only friends he really seemed to have, because we didn't know about, or judge him because of his condition.

    Would this system have deprived him of the one joy he had in his life because he couldn't run the hundred meter dash, or didn't match up with some other physical standard?

    --
    Introducing Microsoft Vacuum 1.0 The first Microsoft product that doesn't suck.
  26. I like big butts and I cannot lie by Anonymous Coward · · Score: 2, Funny

    36-24-36? Only if she is 5'3".

  27. Re:nazi-like by Jimmy+King · · Score: 3, Funny

    That feature is covered by the base "No chicks" edition 360.

  28. Re:Prior art: Nintendo Wii Fit by Itninja · · Score: 5, Insightful

    Or one could say her life was made miserable because of her weight. The grotesquely obese (of which i am a member) are such by choice. There may be genetic traits that can lead one to being overweight, but so what. There are also genetic traits that make certain people's breath smell like death, or make people gravitate toward alcoholism. We are not animals. We are not slaves to every wisp of DNA-inspired urge or weakness. I, for one, am still fat because I have not yet chosen to make the lifestyle changes needed to lose weight. I am not a victim.

    --
    I judt got a nre Kinesis keybiartf so please excusr ant egregiou typos.
  29. Butter Overflow Error by jameskojiro · · Score: 3, Funny

    You computer will now display the Blueberry Ice Cream of Death.....

    --
    Tsukasa: All I really want, is to be left alone...
  30. *cough* HIPAA by jvonk · · Score: 5, Interesting

    Health Insurance Portability and Accountability Act. At least you didnt spell it with two "p"'s. That's the worst.

    Anyway, I am very cynical of HIPAA. It has never protected me from health care providers making disclosures to third parties when I wanted (and was entitled to) privacy, and it just adds inconvenience when I want to do simple things like having a family member pick up one of my prescriptions ("Oh my god! We could never allow that, even if we had written authorization on file! Think of your privacy!").

    So... what did HIPAA accomplish? Well, now when I go to a pharmacy, they force me to sign a HIPAA disclosure/waiver before they will fulfill my prescriptions. What does this disclosure say? Stuff along the lines of "here is our policy on how we will violate your privacy when we feel like it. Don't you feel better knowing?". Of course, I could choose not to sign, but then they won't fill my prescriptions. Ah, being presented with a Hobson's choice over medical necessities always warms my heart about the human spirit.

    "Blessed are the coercers, for surely they will fuck you over while smiling at you."

    Anyway, to my point: yes, you are protected by HIPAA. However, my expectation is that they will just circumvent it by a click-through EULA waiver. No waiver, no play. There you go. Hobson would be proud.

    1. Re:*cough* HIPAA by Mister+Whirly · · Score: 5, Informative

      I work in the medical research field, and trust me, HIPAA does much more to protect your privacy than inconvenience your relatives at the pharmacy (Which may be a store policy and not a HIPAA thing. One pharmacy I went to would not let me fill someone else's prescription, but the next one I went to did. neither mentioned HIPAA as a reason.). It was a huge deal that our division spent 2 years getting ready for, and everyone had to do training on what is legal and what isn't. There was also a lot of behind-the-scenes work done with existing medical data - de-identifying them, randomizing them, etc. Just becasue you are not directly aware of what changed under HIPAA does not mean that nothing changed. HIPAA also gives the law some teeth - if you really think that your privacy was violated by a health provider, report them. This isn't something the courts simply look the other way on anymore.

      --
      "But this one goes to 11!"
    2. Re:*cough* HIPAA by Mister+Whirly · · Score: 4, Informative

      Um, no. The slap on the wrist period is over. They had a transition period where they were not going to come down hard on you shortly after it was implemented, but the grace period is over. Screwing up now will cost you money, and more importantly guarantee you will never get any government grants for research, and no private firms will hire you because your reputation is shot. Research is huge huge money and companies are not going to risk that by being non-compliant. It will end up costing far more in the long run by having one small incident than it would to get things up to compliance levels.

      --
      "But this one goes to 11!"
    3. Re:*cough* HIPAA by Mister+Whirly · · Score: 2, Insightful

      Yes, because there is only one small team in the government that is in charge of all 3 of those projects. When you have something other than a "I just don't trust the government to do anything" strawman argument, then we can talk seriously. Look at it this way - if you screw up with HIPAA, you will never get hired by anyone anywhere to do any more research. If that isn't incentive enough, I don't know what is. All the other crap you talk about - drones, voting machines, open source vs. closed source is just smoke and mirrors and have nothing to do with what we were talking about.

      --
      "But this one goes to 11!"
  31. Re:Prior art: Nintendo Wii Fit by presearch · · Score: 3, Funny

    Only if you're morbidly obtuse.

  32. Re:Prior art: Nintendo Wii Fit by Minwee · · Score: 5, Funny

    the USA has some fat, fucking people

    Oh, I am pretty sure those two things are universally exclusive.

    Welcome to the Internet. I can see that this is your first time here.

    There is so much for you to see and wish to unsee.

  33. Re:Patent Office by FooAtWFU · · Score: 4, Insightful

    Nope. We just assume that taking away the multimillion-dollar monopoly incentive won't have any effect on pharmaceutical developments and the drugs available (outside of patents) for your children's generation, or even your generation when you retire in 40 years. No effect whatsoever.

    I mean, come on, dude, is a little bit of a balanced perspective on a nuanced issue too much to ask?

    --
    The World Wide Web is dying. Soon, we shall have only the Internet.
  34. Re:Prior art: Nintendo Wii Fit by Itninja · · Score: 4, Insightful

    Friend, my logic is not flawed. Both ones race and ones religion are federally protected in all democratic societies an the planet (at least on paper). People are not born fat (as black people are born black). And are no forms of worship that I know of that demand (or even encourage) obesity. There is no Constitutional protection for being fat. It's easy to point at the fat guy and laugh, sure. But it's also easy to point at the stumbling drunk or the teenager with raging BO. People are mean to other people sometimes. That is not a discrimination; that is life.

    Maya Anjelou once gave a great statement on this concept. She said (among other things) "The real difficulty is to overcome how you think about yourself."

    --
    I judt got a nre Kinesis keybiartf so please excusr ant egregiou typos.
  35. Save the Children + Patent = Monopoly by stoicfaux · · Score: 3, Insightful

    1. "Everyone" "knows" that video games are unhealthy and are the reason why kids are fat nowadays.

    2. Tell the politicians that you've developed a way for video games to help prevent kids from getting fat.

    3. Tell the parents that you've developed a way for their computer/video games to *automatically" help prevent their kids from getting fat.

    4. Get a "Save the children!" law passed requiring that this Anti-Fat-Kid-Rights-Management software be mandatory.

    5. You have a patent on the Anti-Fat-Kids-Rights-Management idea.

    6. Profit from the monopoly.

  36. I can't wait by gothzilla · · Score: 3, Funny

    to see Stephen Hawking's avatar. I wonder if he gets a free mount.

  37. Nah by BigSlowTarget · · Score: 2, Insightful

    All your HIPAA rights are waived in the TOS. Did you click 'I agree'?

  38. April 1st come early by peterofoz · · Score: 2

    You've got to be kidding. So why stop with heath? Let's include sexual preferences and orientation, religious and social affiliations, and stereotypes based on where you live.

  39. But... by someone1234 · · Score: 3, Funny

    But Ballmer is damn fat as well. Why stop at games? They should deny access to all services for fat people, starting with HIM.

    --
    Patents Drive Free Software as Hurricanes Drive Construction Industry
  40. Re:ooh, fun! a patent to tattoo "undesireables." by Anonymous Coward · · Score: 3, Funny

    prior art exists, now Ballmer has to chew carpets.

    Hitler was a lesbian?

  41. It's MS so who cares, but... by John+Pfeiffer · · Score: 4, Interesting

    I have to wonder what stake Microsoft has in teen suicide and school shootings that they'd think this is a good idea. A bit of a leap you say? Let me lay it out for you.

    Fat kid gets home from school, decides to play some games to put the bullshit he had to deal with at school behind him... Too bad his avatar is fat too! No escape from the ridicule and stupid crap! Or even worse, the same people who harass him at school start harassing him online, and then start harassing him at school ABOUT his fat avatar! BONUS POINTS!

    So, depending on the kid's psychological makeup there are three possible outcomes:

    1. Nothing at all. (Unlikely even for the well-adjusted.)
    2. Suicide. (Probably the more likely of the three.)
    3. School shooting. (Given access to firearms and having pre-existing psychological issues, I'd have to go with 'yep'.)
    --

    Friend: "The NIC is misconfigured..." Me: "No prob, I'll just telnet in and fix it." *Silence*
  42. Re:Hope you have permission for that photo -- poor by raehl · · Score: 4, Insightful

    I hope that the photo of the overweight dressed with Nintendo garb is from someone you know, and that they gave permission for you to humiliate them in front of thousands of other people.

    What makes you think the picture is humiliating?

    If you think the picture is humiliating, aren't you the problem?

    If we all thought there was nothing wrong with the picture, then there wouldn't be anything humiliating about it, would there?

  43. Re:Hope you have permission for that photo -- poor by panda · · Score: 2, Interesting

    Actually, the kid in the picture is my younger brother. The picture was taken 15 to 17 years ago. One of his friends must have scanned it and put it online somewhere.

    He doesn't look like that today. He started a weight lifting regimen about 10 years ago and he is probably in much better shape than most of the people making fun of this picture online.

    --
    Just be sure to wear the gold uniform when you beam down -- you know what happens when you wear the red one.