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.'"

Comments

Digital medical records

[TheMeuge]

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

Re:Digital medical records

[Anonymous Coward]

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????

Re:Digital medical records

[Anonymous Coward]

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.)

Re:Digital medical records

[binarylarry]

Why do you say that, fatty?

Re:Digital medical records

[Beardo the Bearded]

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.

And presumably all this will be done....

[pandrijeczko]

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

Brilliant

[tsotha]

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.

You think this doesn't effect you

[Locke2005]

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?

From TFA:

[jockeys]

"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.

Re:It's a Free Market

[Rei]

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.

Re:Cool, the corporate nanny state.

[Zencyde]

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

Re:It's a Free Market

[Sponge Bath]

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!

Re:Prior art: Nintendo Wii Fit

[Itninja]

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.

Re:It's a Free Market

[Whiteox]

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?

Re:It's a Free Market

[kalirion]

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.

*cough* HIPAA

[jvonk]

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.

Re:*cough* HIPAA

[Mister Whirly]

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.

Re:Prior art: Nintendo Wii Fit

[Minwee]

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.