Walk inside any pop-up carnival, amusement park, or retro arcade space and you’re likely to find a rodent infestation so stubborn that visitors are expected to bludgeon the pests to death with a mallet. Despite receiving thousands of concussive blows, these creatures are virtually guaranteed to continue being a nuisance—and for the game’s operators, their seeming indestructibility is a lucrative source of revenue.
Whac-A-Mole, first introduced in 1976 by the Bob’s Space Racers (BSR) amusement company out of Florida, is a cabinet game that features plastic-molded moles raised and lowered on mechanical sticks to be walloped by players wielding a foam club. Despite all of the moving parts, it’s generally understood that the games will require only minimal maintenance: a new washer every now and then, and maybe a cleaning.
That’s why the sudden failure of several Whac-A-Mole machines beginning in 2008 was so strange. BSR began fielding calls from unhappy customers who complained that their units were malfunctioning. After working fine for days or weeks, the units would power down without warning.
Some of them opted to deal directly with Marvin Wimberly, a computer programmer and contractor working for BSR who was able to diagnose and fix what appeared to be a defective module that was infected with a virus.
Before long, both BSR and local authorities would come to believe the repair came easily to Wimberly for a simple reason: They suspected he was the one who infected the modules in the first place.
According to a 2011 report in the Orlando Sentinel, Wimberly, then 61, had been with BSR since 1980 as an independent contractor. For 22 years, Wimberly wrote the computer programs that told Whac-A-Mole and other games how to interact with players. Wimberly believed his software was his property; BSR believed they owned it—a point of contention that would soon come into dispute.
The work wasn’t always steady, and Wimberly was apparently unhappy with his wages. Following a breakdown in negotiations for BSR to buy his software outright for $500,000, in 2009 he asked that his fee per chip be raised from $60 to $150.
A few months prior, in September 2008, modules began surfacing that were infected with a virus—or what some programmers call a “logic bomb”—that would render the machines useless after a set number of games: sometimes five, sometimes 50, sometimes 511. BSR bought equipment to examine the chips, found the virus, and became convinced that Wimberly had gone rogue. They told police he had sold them 443 infected modules for $51,000, then sat back as the company began to field complaints from operators. When BSR approached Wimberly with offers to fix the chips, he would—and then, according to police, promptly install a new virus that would begin the countdown all over again.
The authorities also believed Wimberly fielded inquiries from disgruntled customers who didn’t want to bother going through BSR for repairs, and even registered a website, bobsupgrades.com, that sought to solicit repair work from amusement operators.
Feeling they had sufficient information from BSR, Orlando authorities arrested Wimberly in February 2011 on charges relating to offenses against intellectual property. He was released after posting $15,000 bail. BSR CFO Michael Lane told the press that Wimberly’s actions had led to roughly $100,000 in losses for the company.
The news media found a lot of humor in poisoning the well of Whac-A-Mole, but Wimberly, who was accused of a second-degree felony, wasn't laughing: He faced 15 years in prison.
Except Wimberly wouldn’t be swatted away so easily. According to court records kept in Volusia County, Florida, Wimberly asserted the virus was a software bug that was a result of new diagnostic procedures, not sabotage. In April 2012, Wimberly argued before a judge that, as the owner of the software under question, he couldn’t be accused of tampering with it—as he owned it outright.
“He is essentially accused of modifying his own software,” read the motion to dismiss, which noted that Wimberly hadn’t been paid for the repairs and was therefore failing to profit from the alleged wrongdoing. The court agreed, and the criminal case was dismissed in April 2013.
But Wimberly wasn’t satisfied. In September 2013, he sued Bob’s Space Racers for misappropriation of trade secrets, accusing them of continuing to sell Whac-A-Mole and other games containing Wimberly’s codes after parting ways with him and without paying any licensing fees. He also alleged that BSR had failed to come to him with news of the virus’s discovery, preferring to build a case against him with local police instead; BSR countered that Wimberly had “intentionally programmed the [chip] software to include a virus” and that he was paid to repair the malfunctioning chips.
The case dragged on for more than two years, inching toward a jury trial. In November 2015, the parties finally reached a settlement with undisclosed terms. A spokesperson for BSR declined to comment to Mental Floss on the matter; Wimberly could not be reached.
If there was an attempt to sabotage Whac-A-Mole, it couldn't be proven to a criminal court's satisfaction. If Wimberly did indeed own the software, his argument that he was free to do with it as he liked would have been weighed against the harm done to BSR's reputation for having to service defective modules. But Wimberly insisted he did not write or install a virus: The accusation that he had, he claimed, was unfounded.
The next time you play, it may be a good idea to remind yourself that the people behind the game often have worse headaches than the moles.