Attempted Copyright Violation

So, the MPAA and RIAA are suing people for stealing stuff. And claiming that if you have files in a "shared folder" where people can copy it, then you are stealing.

They claim that they don't need to prove directly that you were sharing the files, just that you are "making available" stuff that's not yours. Largely, this is because it's impossible for them to prove whether anyone downloaded stuff you were sharing.

I'm torn. On the one hand, lawyers I usually agree with say this is like charging people with Attempted Copyright Violation, which Congress hasn't made illegal. On the other hand, file sharing software is designed to evade the law, so that's WHY there's no proof of violation.

I doubt this metaphor will help, but if I made a bunch of bootleg DVDs and CDs, and set them out on a table with a FREE sign, would I be guilty of copyright violation before anyone took a copy? Or, if I set up a DVD burner on the street, and passersby could press a button for it to dispense a free illegal copy of a DVD, am I guilty until the first copy has been made?

Clearly I'm intending to violate the law. But it can't be proven that I have yet violated it. But that's because I'm deliberately making sure there's no evidence, if I did violate it.

I think the corporations are overreaching, but I wonder if that's just because I assume they are, since they always do that.