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Re label-less: I like falling back to srclang and then to "unknown". If they leave both off it's probably unintentional or that they don't understand what's needed. Showing "unknown" would be easier to debug than having them not show up at all. At least I can't think of any use case for hiding captions from the captions button.
I don't think that just saying this breaks in IE8 is a good enough reason to turn it off for ie8. :-P
Why isn't it working in IE8? And if the goal is to have tracks that work everywhere, why is this test still valuable otherwise?