Well, get a 2DS. It's cheaper than the 3DS, and it doesn't have that annoying 3D feature(I think it's annoying because it bothers my eyes a ton. If I were to get the 3DS instead of a 2DS, I would have it off permanently.)
You can buy drm free games / music / ebooks, and if you keep backups of your data (like documents and family photos etc), then you shouldn't lose the game. but with a disk, your toddler could put it in the toaster and there goes your $60