Theorem 4.5. in the book "Foundations of Machine Learning" by Mohri et al: http://prlab.tudelft.nl/sites/default/files/Foundations_of_Machine_Learning.pdf derives a generalization bound to hold uniformly for all margin parameters $\rho$ of the margin-loss.
My question is, why is this necessary? -- what could go wrong if we choose $\rho$ after seeing the sample, by minimizing the bound in Theorem 4.4. (rather than that bound in Theorem 4.5)?
I understand that the sample could 'mislead' us in choosing $\rho$, but on the other hand, the risk of the margin loss (that both of these theorems upper bound) is always an upper bound on the risk (of the 0-1 loss) on the l.h.s. of these bounds, i.e. for any value f $\rho\in(0,1)$. Therefore I would have thought that even if the sample misleads us to choose a too large or a too small value for $\rho$ the upper bound of Theorem 4.4. still holds. What am I missing?