So if the security guard catches me with my pockets stuffed with loot before I actually go out the door, would you say it's not shoplifting because I only intended to commit the crime, but didn't complete the act?
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.
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.
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.