The creator of Commander Keen tried launching a Kickstarter for a spiritual successor that also would have included an editor to make your own games. It went nowhere fast.
http://worldsofwander.wordpress.com/
I hope it eventually happens.
Either that, or take an open source platformer engine like this to make a good, fan-made sequel:
Note, I would gladly work on such a project.
He isn't calling his game craftmine and last I checked you are wrong on copyright otherwise all opensource software that "clones" the look and functionality (while still using original code and graphics) would have been sued long ago
Also every knock-off Super Mario Bros flash game would have been sued as would this project: http://www.secretmaryo.org/. So would freeciv, freecol, corsixTH, Freedoom, Frets on Fire, Frozen Bubble, etc...
The recently released Mega Maker is kind of like Super Mario Maker for Mega Man games and is quite awesome. It doesn't have all of the content (enemies/bosses) just yet but it's being improved on a fairly regular schedule. Additionally, there's Secret Maryo Chronicles which is basically just a rip-off of Super Mario World and it includes a (fairly convoluted and annoying to use, but still) level editor as well. This one is abandoned in a half-finished state, unfortunately, so don't expect too much of it.
The only FOSS game that I can think of for you is Secret Maryo Chronicles.
To answer your question, assets should at least, be available free of charge. For example, iD software games are not thought of as free since you have to pay to get the assets and be able to play.
Secret Maryo Chronicles - Open source Super Mario World alternative.
:EDIT: I would like to add that we should have a cleaned up page of all this information and sticky it to the side bar for future people joining the sub looking for good open source games.
Some open source games has died in the past because they are no longer maintained. SMC is completely dead and is no longer installable: https://tracker.debian.org/pkg/smc Their homepage is still up: http://www.secretmaryo.org/
Another Open source games that might go the same way soon is Frets on Fire because noone will update it from Python 2 to Python 3
So games under a open source license can still die out if noone maintain them
If you are a Mario fan, you might also want to check out. Secret Maryo Chronicles. It is a free, open source, 2-d game that is similar to the Mario line of games, but 'made it their own.' It also has a built in map editor that is easy to use.
I'm not sure how it compares to Mari0, but that looks cool too. I'll have to check it out.