To expand on this; I don't think other forms of active moderation get this pass, you don't get to harbour copyrighted IP, CPP or other illegal material posted on a forum by just not moderating.
further, if intent would be a possible defence, I already mentioned that archiving everything looks better than only having links when there are paywalls, active or otherwise.
from a moral position, I don't think HN moves the needle wrt enabling bypassing - most if not all HN users are likely fully capable of using archiving sites themselves, if not automating the process themselves.