you will likely never have free kickstart that is legal beyond doubt. except there is aros kickstart, which is free, open source, compatible with the whole range of kisckstarts since 1.x till 3.x, and provides additional and better features. this kickstart and aros 68k still needs some work in order to be fully usable on amiga hardware, under uae it is quite usable as of today.
so dont moan about making kickstarts free, since no party that claims ownership is interested in supporting original amiga community (68k) except cloanto/amiga forever. do something. support aros. programmers, help optimize it. users: test and report. its in your hands.