The embodiment of the invention discloses a method and a device for downloading a software upgrading data packet. The method comprises the following steps: receiving a software upgrading resource list transmitted by an update server, wherein the software upgrading resource list comprises at least one piece of address information, and a software upgrading data packet is stored in a client corresponding to each piece of address information; in a point-to-point network, transmitting a first request message of downloading the software upgrading data packet to at least one client according to the address information; and receiving the software upgrading data packet transmitted by the client according to the first request message. A seed source capable of providing the software upgrading data packet is acquired by signaling interaction of the client with the update server, and needed data is downloaded from the seed source by the client. The software upgrading is performed by P2P and HTTP between universal clients, is suitable for the condition of high concurrency value of the terminal, occupies small exit bandwidth and reduces the bandwidth and load of the server. Meanwhile, the downloading speed of the software upgrading and the success ratio for the software upgrading can be improved, and the quality of service is improved.