Could the increase in litigation by the RIAA be a last-ditch attempt to save their failing organization? They lost public legitimacy when they sued their customers, and now, there are rumblings that they may be losing the support of the very companies that they represent.

Increasingly under fire for their aggressive legal action against file traders, the RIAA recently served 396 pre-litigation letters to college students around the country. Like a drive-through lawsuit machine, the letters offer the students two options: fight their case in court for the full amount the RIAA determines that they “owe,” or simply send a check for a lesser amount, the latter choice designed to limit legal costs on both sides. [Digital Music News]

Curiously, the RIAA’s announcement of the latest pre-litigation letters comes on the heels of a critical memo from music giant (and RIAA customer) EMI that questions the effectiveness of the RIAA’s tactics, and considers the possibility of removing their support from the organization. [p2p blog]

EMI’s position is understandable. The RIAA was given the power to stop file sharing, and the incomplete, floundering solution that they engineered turned their core customer base against them.

With little resources, the majority of litigated students forego their legal options and mail a check off and save themselves the time, investment, and hassle of taking the powerful RIAA to court. The result? Thousands of college students scorned by the music business.

Is it possible that EMI now realizes that suing college students is destroying their business from the inside out? It is too bad that it took them 26,000 lawsuits to figure it out, and their about-face is far too late.