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Well, my magic 3.1 did work flawlessly. I honestly don't think that it is the problem here.
i had a v7 with a magic 3.1 that did exactly what you're describing after a while. if i recall correctly, all i did was re-solder the points on the back of the board to fix it.
so check the solder points
I think I'm just gonna spring for a new dms. They seem to be "the best" modchip currently. Plus, I hate all the qwerks of booting various games with the magic 3.1.
I just removed the magic 3.1 and got the mobo all cleaned up and stuff, everything works perfectly (minus backups of course). Guess the magic 3.1 was causing all this non sense. For those of you wondering what to buy, I honestly wouldn't recommend the magic 3.1 :/
I'm having the same problem with a v9 and a magic V modchip. it does work now and then though. i figured it would be a battery problem but i havent tried anything yet.