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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.'"

34 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 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.

    5. 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.
  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 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!

    3. 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"
    4. 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!
    5. 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.

  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.
  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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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?
  11. 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.

  12. 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.
  13. 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.
  14. 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.
  15. *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!"
  16. 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.

  17. 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.
  18. 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.
  19. 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*
  20. 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?