Shouldn't the fact alone that the site is still operational through Tor be enough for a type 3 Flag to be active?
It doesn't match the flag description, see the discussion in
Trust flags.
Do we also give WW a free pass because all forum members were lucky to be compensated without any involvement by WW?
Definitely not.
my view is that anybody can still get scammed and the situation wasn't remedied by WW.
Yep.