i'm not so sure about the first point (you're probably right) but this is definitally the key:
What's more, if you look at human designed artefacts you see a lot of horizontal transfer - features from one family will suddenly appear in another - something that simply doesn't happen in higher animals.
while we do see convergent evolution, we don't see full-scale horizontal transfer. animals don't really rip each other off. a mammal, a dinosaur, a reptile, and an insect may all grow wings but they all do it in different ways. you don't see the dinosaur saying "gee, that insect's really got a feature the market desires. i think i'm reverse engineer that."
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