BSD does not have a patent license clause so if Lior, et al. have a patent on any part of the algorithm then won’t commercial use will still be ambiguous? And

BSD does not have a patent license clause so if Lior, et al. have a patent on any part of the algorithm then won’t commercial use will still be ambiguous? And even if they don’t it could still be using (infringing) on a patent of a third party. Basically software patents make using any software a risk but possibly more so when you’re using something based on novel ideas. Edit: GPL and ASL have explicit patent clauses (obviously only applies to patents the software licensor has authority to license).