var ie = !-[1,]; // true if IE less than 9
This hack is supported in ie5,6,7,8. It is fixed in ie9+ (so it suits demands of this question). This hack works in all IE compatibility modes.
How it works: ie engine treat array with empty element (like this [,1]) as array with two elements, instead other browsers think that there is only one element. So when we convert this array to number with + operator we do something like that: (',1' in ie / '1' in others)*1 and we get NaN in ie and 1 in others. Than we transform it to boolean and reverse value with !. Simple. By the way we can use shorter version without ! sign, but value will be reversed.
This is the shortest hack by now. And I am the author ;)