What's the difference between the scenario you described and forgetting to pick up a basket by the door then using your pockets to hold what you intend to buy?
There's a reason why security normally waits until the person leaves the store to nab them.
How do you understand the charge of attempted murder then?
A man brings a gun to a political demonstration where a VIP with whom he violently disagrees will be arriving. He reaches the front of the crowd and as the VIP draws near, the gun slips from his pocket and he is arrested. Are you meaning to tell me he shouldn't be charged with attempted murder just because he hasn't yet pulled the gun out and engaged the trigger?
Just so you know, people have already been convicted under these circumstances, so the case law is already pretty clear.
Well, I wouldn't charge them with murder. You were talking about charging someone with shoplifting (not even "attempted shoplifting", if that exists) merely for holding not-yet-purchased items in their pockets while still in the store.
Attempted murder is a crime with a specific definition in specific laws. It's harder to make this charge stick than murder, for obvious reasons, but police are rather more likely to arrest someone they think is attempting murder than arrest someone they think is considering shoplifting, for equally obvious reasons.
...What does any of this have to do with planning to distribute files by bittorrent? These are not useful analogies.
What's the difference between the scenario you described and forgetting to pick up a basket by the door then using your pockets to hold what you intend to buy?
There's a reason why security normally waits until the person leaves the store to nab them.