The patents and brand name of the failed online music-swapping service Napster have been sold to CD-burning software firm Roxio.

Roxio paid $5m in cash plus $300,000 worth of Roxio shares.

As part of the deal, Roxio will be insulated from any future litigation against Napster of the past.

Following the sale, Napster, which ceased operations in September, has been stripped to the bone.

Its remaining assets, which consist of hardware such as servers, routers, and computers, will be auctioned off on 11 December.

The proceeds will be handed over to creditors as part of Napster's bankruptcy proceedings.

The future

Roxio's challenge will be to develop Napster into a new and, perhaps, different company.

Earlier this month, Roxio chief executive Chris Gorog said Napster's intellectual property would expand the firm's "role in the digital media landscape and enhance our offerings to consumers".

The brand's fame amongst music fans should also give Roxio a leg-up.

Though for Napster to resurface as a song swapping service, Roxio would have to first enter into complex agreements with record companies.

"Consumers will not use Napster simply for the name when there are other services providing a larger catalogue of music and movies," said Phil Leigh, an analyst for Raymond James & Associates.

Roxio shares rose 9 cents to $5.37 on Wednesday.

Copyright issues

Napster at its peak attracted millions of users who exchanged music files across the internet.

But the firm provoked the wrath of record companies which felt the service was effectively allowing users to download and use music files without copyright and crucially without paying.

After lengthy legal action the service was shut down, and despite promises that it would one day relaunch it has struggled financially.

A whole host of similar services to Napster have sprung up, many of which face legal action, while official services, such as Pressplay, have also launched.