An apparatus, system and method for software upgrade are provided. The software upgrading system includes a broadcast transmitting device which transmits a digital broadcasting signal; a broadcast receiving device which receives the digital broadcasting signal, extracts upgrade information that relates to acquiring an upgrade image for upgrading software from the digital broadcasting signal which is received, and requests the upgrade image based on the upgrade information which is extracted; and an upgrade image storage device which transmits the upgrade image according to the upgrade image request. The broadcast receiving device upgrades the software by receiving the upgrade image from the upgrade image storage device.